H4/^4 


UC-NRLF 


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*B  sa  at? 


A  GOOD 
BUSINESS    GOVERNMENT 


CHARTER 


FOR 


1913    HICKORY    1913 


WILL  MEAN   MANY   HAPPY 
NEW  YEARS 

FOR 

THE     CITY     THAT     "DOES     THINGS" 


Clay    Printing    Co. 


INDEX  TO  SUBJECTS 


NAME  AND  RIGHTS 
Boundry  and  Ward  Divisions  ..--..-.3 

ELECTIONS  AND  ELECTIVE  OFFICERS 
Number  of  elective  oflRcers.     Date  of  election  -  -  -  -  -  -      4 

Primary  election  and  iiow  conducted  -  -  -  -  -  -  4toll 

RECALL  OF  ELECTIVE  OFFICERS 
25  per  cent  required  to  ask  for  recall  -  -  -  -  -  -  -11 

Officers  sought  to  be  removed  may  be  a  candidate  -  -  "  -  -        12 

Officers  must  serve  3  months  before  subject  to  recall  -  .  -  -  13 

Only  one  special  election  allowed  in  six  months  -----  13 

THE  CITY  COUNCIL 
A  Mayor  and  four  Aldermen.     No  two  Aldermen  shall  reside  in  same  ward.     Each  mem- 
ber shall  receive  $1.00  per  meeting:,  but  not  more  than  $60  each   for  any  one  year. 
Shall  meet  on  Tuesday  of  each  and  every  week  -  -  -  -  13 

A  record  of  every  meetinj?  shall  be  kept,  and  any  citizen  may  have  access  to  the  minutes  14 

Any  three  citizens  may  present  a  motion  at  any  regular  meeting,  and  Council  must  act 

on  motion  inside  of  15  days  -  -  -  -  -  -  -  -14 

To  declare  forfeited  franchises  where  conditions  upon  which   they  have  been  granted 
have  been  broken  -------  .-ig 

Regulating  City  Attorney's  salary  -------  17 

THE  MAYOR 
Duties  of  -----------  18 

THE  CITY  MANAGER 
Shall  give  bond.     Term  of  office  at  pleasure  of  City  Council  -  -  -  18 

Powers  and  duties.    Subject  to  control  of  City  Council  -  -  -  -  19 

FRANCHISES 
Must  be  advertised  ------.._  20 

Must  be  free  and  open  competition  -------  2I 

Awarded  to  those  offering  highest  percentage  of  gross  annual  receipts  -  21 

Maximum  length  of  time,  35  years  -----..  22 

City  reserves  right  to  regulate  rates  -------23 

Franchise  cannot  be  leased  or  assigned  without  consent  of  City  -  -  24 

City  shall  have  right  to  examine  books  of  public  service  corporations  -  -        24 

STREETS  AND  STREET  DEPARTMENT 
Regulating  the  laying  out  of  new  streets  ---.-_  26 

Street  improvement  district  and  how  secured  -----  26-7 

City  shall  pay  one-third  the  cost  of  grading,  curbing  and  pavin^y  and  one-half  the  cost 

of  grading,  curbing,  paving  and  permanently  improving  sidewalks  -  27 

Street  improvement  district  may  be  secured  through  10-year  bond  issue         -         26  to  33 

In  condemnation  of  land  for  street  purpose,  owner  selects  one  viewer,   Council  selects 

one,  and  these  two  select  a  third  -  -  -  .  _  -  33 

POLICE  POWERS  AND  POUCE  DEPARTMENT 

Powers  defined  -  -  -  -  -  -  -  -  -  34  to  38 

Chief  of  Police  shall  be  responsible  for  discipline  and  efficiency  of  police  force        -        38 

City  Manager  may  suspend  any  officer  until  grounds  of  such  suspension  can  be  inquired 

into  by  City  Council  ------__  33 

Chief  of  Police  and  other  officers  shall  receive  a  regular  salary,  and  no  other 

compensation  ------_-.  39 

HEALTH  AND  HEALTH  DEPARTMENT 
Powers  and  duties  -  -  -  -  -  -  -  -  -39  to  42 

City  Physician's  powers  and  duties  -  -  -  -  -  -  42  to  43 

FIRES  AND  FIRE  DEPARTMENT 
Chief  of  Fire  Department  and  his  duties  -  -  -  -  -  43  to  44 

WATER  WORKS  AND  SEWERAGE  DEPARTMENT 
City  Manager  shall  be  executive  head  -  -  -  -  -  -  -44 

Sinking  fund  shall  be  created  to  pay  water  bonds  upon  maturity  -  -  45 

City  Physician  shall  inspect  water-shed  ---«..  4 


270127 


FINANCE  AND  TAXATION 

No  contract  shall  be  made  until  sufficient  appropriation  has  been  made  therefor  46 

All  contracts  $200  or  over  must  be  advertised  and  let  through  competitive  bidding  46 

City  Manager  shall  be  purchasing  agent  _-.-._  47 

Budget  of  estimate<l  expenses  for  all  departments  required  -  -  -  47 

City  Manager  shall  file  with  City  Council  on  the  1st  of  every  month   an   itemized   report 

of  all  moneys  received  and  disbursed  by  any  and  all  officers  of  the  City  during  the 

preceding  month.     Said  report  shall  be  published  second  week  of  each   month  in 

Hickory  newspaper  -  -  -  -  -  -  -  -  -48 

City  Manager  shall  collect  all  taxes  -------50 

Tax  collecting  system  _--..._-_  51 

City  Council  may  levy  annual  tax  on  -  -  -  -  -  -  52  to  56 

City  Council  shall  create  sinking  fund  to  provide  for  payment  of  bonded  indebtedness  56 

THE  INITIATIVE 
Citizens  may  introduce  ordinance  __.----  56 

An  ordinance  adopted  by  vote  of  people  can  only  be  repealed  through  vote  of  people    57 

THE  REFERENDUM 
Citizens  may  ask  that  any  ordinance  passed  by  Council  be  referred  to  vote  of  people    58 
Council  may  refer  an  ordinance  to  vote  of  people  -----         58 

SCHOOLS 
City  Council  shall  control  schools  .-_----  59 

Superintendent  of  schools  shall  submit  list  of  names  from  which  Council  shall  select 

teachers  --  -  -  -  -  -  -  -  -  60 

Superintendent  of  schools  shall  have  control  over  all  teachers  and  janitors  and  school 

property  --__  ------60 

Council  shall  appoint  3  persons  to  act  as  a  Board  of  School  Visitors  -  -  61 

School  funds  must  be  kept  exclusively  for  school  purposes  _  _  _  g2 

MUNICIPAL  COURT 
Shall  be  a  court  of  record  ________  g2 

City  Treasurer  shall  keep  separate  record  of  all  moneys  received  by  him  from  Clerk 

of  Municipal  Court  -_-__-_-  65 

Judge  of  Municipal  Court  shall  be  elected  by  City  Council  and  shall  receive  a  stated 

salary  not  to  exceed  sixty  dollars  per  month  -  -  -  -  -      66 

Clerk  of  Municipal  Court  shall  keep  a  permanent  docket  for  recording  al    processes 

issued  by  Court  ---------66 


Charter  for  City  of  Hickory 


AN  ACT  TO  APPEAL  ITS  PRESENT  CHARTER  AND 

LAWS  IN  CONFLICT  WITH  THIS  ACT,  AND  TO 

INCORPORATE  THE  CITY  OF  HICKORY. 

The  General  Assembly  of  North  Carolina  Do  Enact: 

ARTICLE  I. 

NAME  AND  RIGHTS. 

Section  1.  That  the  inhabitants  within  the  territory 
described  in  Section  3  of  Article  1,  shall  continue,  as  they 
have  heretofore  been,  a  body  politic  and  corporate,  under 
the  name  and  style  of  the  "CITY  OF  HICKORY,"  and  by 
that  name  shall  have  perpetual  succession,  may  sue  and 
be  sued,  may  contract  and  be  contracted  with, may  acquire 
and  hold  such  property,  real  and  personal,  as  may  be  de- 
vised, bequeathed,  sold  or  in  any  manner  conveyed  to  it, 
and  may  invest,  sell  or  dispose  of  same,  and  may  have  a 
common  seal  and  alter  and  renew  the  same  at  pleasure, 
and  may  have  and  exercise  all  the  powers,  rights  and  priv- 
ileges necessary  for  its  proper  government  or  usually  ap- 
pertaining to  municipal  corporations. 

Sec.  2.  That  all  property,  real,  personal  and  mixed, 
of  whatsoever  character  or  description,  and  wheresoever 
situate,  now  held,  controlled  or  used  by  the  City  of  Hick- 
ory for  any  purpose,  or  which  may  hereafter  be  held,  con- 
trolled or  used  by  said  city,  or  which  may  have  been  vest- 
ed in  said  city  by  virtue  of  any  law  of  the  State  of  North 
Carolina,  and  any  and  all  judgments,  liens,  rights  of  liens 
and  causes  of  action  of  any  and  all  kinds  in  favor  of  said 
City  of  Hickory,  shall  vest  in  and  remain  and  inure  to 
said  City  of  Hickory,  its  successors  and  assigns,  and  the 
passage  and  ratification  of  this  charter  shall  not  release 
the  City  from  any  liabilities  that  now  exist  against  said 
municipality. 

Sec.  3.  That  the  corporate  limits  of  said  city  shall 
include  all  the  territory  situate  w'thin  one  mile  of  the 
center  of  the  public  square  of  said  city,  and  in  addition 
thereto  shall  include  that  property  known  as  Lenoir 
Collge  grounds  and  campus  and  all  buildings  thereon,  and 
the  dwellings  of  N.  G.  Deal  and  L.  S.  Whitener,  mentioned 
in  Chapter  97  of  the  Private  Laws  of  North  Carolina, 
Session  1899. 

Sec.  4.     The  part  of  the  City  of  Hickory  lying  north 
of  the  Southern  Railway  and  east  of  a  due  north  line  from 


the  center  of  what  is  known  as  the  public  square  shall  be 
known  as  Ward  Number  One;  that  part  lying  south  of 
said  railway  and  east  of  a  due  south  line  from  the.  center 
of  said  square  shall  be  known  as  Ward  Number  Two;  that 
part  lying  south  of  said  railway  and  west  of  said  due 
south  line  shall  be  known  as  Ward  Number  Three;  and 
that  part  lying  north  of  said  railway  and  west  of  said  due 
north  line  shall  be  known  as  Ward  Number  Four. 

ARTICLE  11. 
ELECTIONS  AND  ELECTIVE  OFFICERS. 

Section  1.  The  general  municipal  election  shall 
take  place  annually  on  the  first  Monday  in  April,  except 
as  otherwise  herein  provided;  and  the  municipal  year 
shall  begin  at  ten  o'clock  in  the  forenoon  of  the  first  Mon- 
day in  May,  and  shall  continue  until  ten  o'clock  in  the 
forenoon  of  the  first  Monday  of  the  following  May.  Every 
special  election  shall  be  held  on  a  Monday. 

Sec.  2.  On  the  last  Monday  in  April,  1913,  the  qual- 
ified registerrd  voters  of  the  City  of  Hickory  shall  elect  a 
Mayor  and  four  Aldermen,  no  two  Aldermen  shall  be  resi- 
dents of  the  same  ward.  The  Mayor  shall  serve  during  a 
term  of  one  year.  The  two  elected  persons  receiving  at 
said  election  the  highest  number  of  votes,  and  the  second 
highest  number  of  votes,  respectively,  for  Aldermen, 
shall  serve  during  a  term  of  two  years;  the  other  two  per- 
sons elected  Aldermen  at  said  election  shall  serve  during 
a  term  of  one  year. 

Sec.  3.  On  the  first  Monday  of  April  of  each  year 
after  the  year  1913,  a  Mayor  and  two  Aldermen  shall  be 
elected  by  the  qualified  registered  voters  of  the  City  of 
Hickory.  The  two  Aldermen  shall  be,  respectively,  resi- 
dents of  the  wards,  as  hereinbefore  described,  in  which 
their  predecessors,  respectively  resided.  The  Mayor  shall 
serve  during  a  term  of  one  year  and  the  Aldermen  shall 
serve  during  a  term  of  two  years. 

Sec.  4.  On  the  first  Monday  preceding  every 
general  municipal  or  special  municipal  election  at  which 
any  officer  mentioned  in  the  preceding  two  sections  is  to 
be  elected,  or  at  which  any  officer  provided  for  in  any 
act  in  amendment  of  this  charter  is  to  be  elected,  there 
shall  be  held  a  primary  election  for  the  purpose  of  nomi- 
nating candidates  for  such  offices.  The  notice  calling  for 
said  primary  election  shall  be  published  at  least  thirty 
days  before  the  date  of  the  municipal  election. 

Sec.  5.  At  every  primary  election  the  polls  shall 
be  opened  at  sunrise  and  closed  at  sundown,  and,  except 


Bs  otherwise  provided  in  this  charter,  every  such  primary 
election  shall  be  called  by  the  same  officers  and  held  in 
the  same  manner  as  a  general  municipal  election.  Th^ 
polling  place  shall  be  desigAated,  provided  and  furnished, 
and  official  ballots,  ballot  boxes,  blank  forms,  apparatus 
and  supplies  shall  be  provided  for  every  such  primary 
election,  of  the  same  number  and  kind  and  in  the  same 
manner  and  by  the  same  officer  or  officers  as  at  a  general 
municipal  election. 

Sec.  6.  Except  as  is  otherwise  provided  in  this 
charter  there  shall  not  be  printed  on  the  official  ballots 
to  be  used  at  any  general  or  special  municipal  election 
of  said  city  the  name  of  any  person  or  candidate  for 
mayor  or  alderman,  unless  such  person  shall  have  been 
nominated  for  such  office  at  a  primary  election  held  as 
provided  in  this  charter.  There  shall  not  be  printed  on 
the  official  ballots  to  be  used  at  a  primary  election  the 
name  of  any  person  as  a  candidate,  unless  such  person 
shall  have  been  nominated  in  accordance  with  the  pro- 
visions of  this  charter. 

Sec.  7.  The  mode  of  nomination  of  all  elective  offi- 
cers of  the  city  to  be  voted  for  at  any  general  or  special 
municipal  election  :shall  be  as  follows  and  not  otherwise : 

(a)  The  name  of  a  candidate  shall  be  printed  upon 
♦:he  official  ballots  for  the  primary  election  when  a  petition 
of  nomination  shall  have  been  filed  in  his  behalf  in  the 
manner  and  form  and  under  the  conditions  hereinafter 
set  forth. 

(b)  The  petition  of  nomination  shall  consist  of  not 
less  than  twenty-five  individual  certificates,  which  shall 
read  substantially  as  follows: 

"PETITION  FOR  NOMINATION. 

**I,  the  undersigned,  certify  that  I  do  hereby  join  in 

a  petition  for  tHie  nomination  of for  the 

office  of .of  the  City  of  Hickory,  and  do  here- 
by request  that  his  name  be  printed  upon  the  official 
ballots  to  be  used  at  the  primary  election  to  be  held  on 
the Monday  of ,  191 . , . 

"I  further  state  that  I  believe  him  to  be  of  good 
moral  character  and  qualified  to  perform  the  duties  of  the 
office. 

"I  further  certify  that  I  am  a  qualified  voter  of  the 
City  of  Hickory,  and  am  not  at  this  time  a  signer  of  any 
other  petition  nominating  any  other  candidate  for  the 
above  named  office,  or,  in  case  there  are  several  places  to 
be  filled  in  the  above  named  office,  that  I  have  not  signed 


more  petitions  than  there  are  places  to  be  filled  in  the 
above  named  office. 

''My  residence  is  at  number ,   Street. 

"Witness  my  signature,  this  the day  of ,  19.  . 

Witness 


Petitionejr's  Signature." 
(c)     It  shall  be  the  duty  of  the  City  Manager  to  fur- 
nish upon  application  a  reasonable  number  of  forms  of 
individual  certificates  of  the  above  character,  at  the  ex- 
pense of  the  city. 

(a)  Each  certificate  must  be  on  separate  paper; 
must  contain  the  name  of  one  signer  thereto  and  no  more ; 
shall  contain  the  name  of  one  candidate  and  no  more ;  and 
all  certificates  must  be  of  uniform  size  as  determined  by 
the  City  Manager.  Each  signer  must  be  a  qualified  voter, 
must  not  at  the  time  of  signing  a  certificate  have  his  name 
signed  to  any  other  certificate  for  any  other  candidate 
for  the  same  office,  or,  in  case  there  are  several  places  to 
be  filled  in  the  same  office,  signed  to  more  certificates  for 
candidates  than  there  are  places  to  be  filled  in  such  office. 
In  case  a  voter  has  signed  two  or  more  conflicting  certi- 
ficates, all  such  certificates  shall  be  rejected.  All  certi- 
ficates must  be  signed  by  the  individuals  personally  and 
their  signatures  shall  and  must  be  witnessed  by  a  quali- 
fied voter  of  the  City  of  Hickory. 

(e)  A  petition  of  nomination,  consisting  of  not  less 
than  twenty-five  individual  certificates  for  any  one  can- 
didate, may  be  presented  to  the  City  Manager  not  more 
than  twenty-five  days  nor  later  than  ten  days  before 
the  primary  election,  except  as  otherwise  herein  provided. 
The  City  Manager  shall  endorse  thereon  the  date  upon 
which  the  petition  was  presented  to  him  for  filing. 

(f)  When  a  petition  for  nomination  is  presented 
for  filing  to  the  City  Manager,  he  shall  forthwith  examine 
the  same,  and  ascertain  whether  it  conforms  to  the  pro- 
visions of  this  section.  If  found  not  to  conform  thereto, 
he  shall  then  and  there  in  writing  designate  on  said  peti- 
tion the  defect  or  omission  or  reason  why  such  petition 
can  not  be  filed,  and  shall  return  the  petition  to  the  person 
who  presented  the  same  for  filing.  The  petition  may  then 
be  amended  and  again  presented  to  the  City  Manager  as 
in  the  first  instance.  Whereupon  the  City  Manager  shall 
forthwith  proceed  to  examine  the  petition  as  herembefore 
provided. 

(g)  Any  signer  to  a  petition  of  nomination  or  a 


certificate  may  withdraw  his  name  from  the  same  by  fil- 
ing with  the  City  Manager  a  verified  revocation  of  his 
signature  before  the  filing  by  the  City  Manager,  and  not 
otherwise.  He  shall  then  be  at  liberty  to  sign  a  petition 
for  another  candidate  for  the  same  office, 

(h)  Any  person  whose  name  has  been  presented 
under  this  section  as  a  candidate  may,  not  later  than 
ten  days  before  the  day  of  the  primary  election 
cause  his  name  to  be  withdrawn  from  nomination  by  filing 
with  the  City  Manager  a  request  thereof  in  writing,  and 
no  name  so  withdrawn  shall  be  printed  upon  the  ballot. 
If  upon  such  withdrawal  the  number  of  candidates  does 
not  exceed  the  number  to  be  elected  to  said  office,  then 
other  nominations  may  be  made  by  filing  petitions  there- 
for not  later  than  seven  days  prior  to  such  primary  elec- 
tion. 

(i)  If  either  the  original  or  the  amended  petition 
of  nomination  be  found  sufficiently  signed  as  hereinbe- 
fore provided,  the  City  Manager  shall  file  the  same  ten 
days  before  the  day  of  holding  said  primary  election, 
except  as  otherwise  provided  in  the  preceding  sub-section. 

(j)  The  City  Manager  shall  preserve  in  his  office 
all  petitions  of  nomination  and  all  certificates  belonging 
thereto. 

(k)  When  a  petition  of  nomination  shall  have  been 
filed  by  the  City  Manager  it  shall  not  be  withdrawn  nor 
added  to  and  no  signature  shall  be  revoked  thereafter. 

Sec.  8.  Immediately  after  such  petitions  are  filed, 
the  City  Manager  shall  enter  the  names  of  the  candidates 
in  a  list,  with  offices  to  be  filled,  and  shall  not  later  than 
five  days  before  the  primary  election  certify  as  being  the 
list  of  candidates  nominated  as  required  by  this  charter, 
and  the  City  Council  shall  cause  such  certified  list  of 
names  and  offices  to  be  filled,  designating  whether  for 
a  full  term  or  unexpired  term,  to  be  published  at  least 
three  days  before  the  primary  election  in  one  or  more 
issues  of  one  or  more  papers  published  in  the  City  of 
Hickory. 

Sec.  9.  Thereupon  the  City  Manager  shall  prepare 
and  cause  to  be  printed  the  ballots  to  be  used  at  such 
primary  election;  and  the  ballots  so  prepared  shall  con- 
tain the  name  of  every  candidate  whose  petition  of  nomi- 
nation has  been  filed  by  the  City  Manager  as  aforesaid, 
and  the  name  of  no  other  candidate  shall  be  printed 
thereon.  At  the  top  of  each  ballot  shall  be  the  words 
"Official  Primary  Ballot" ;  following  this  the  names  of  the 


candidates  for  Mayor,  arranged'  alphabetically,  sRalV  then^ 
be  placed,  with  a  square  at  the  left  of  each  name,  and 
inmiediately  belaw  the  words  ''Vote  for  One.''  Follow- 
ing these  names,  likewise  alphabetically  arranged,  shall 
appear  the  names  of  the  candidates  for  Alaerman  from 
Ward  Number  One,  if  any,  with  a  square  at  the  left  of 
each  name,  and  below  the  names  of  such  candidates  shall 
appear  the  words;  "Vote  For  One;"  following  these 
names  like  arrangement  shall  be  made  for  the  names  of 
eandi dates  for  Aldermen  from  Ward  Number  Two,  from 
Ward  Number  Three,  and  from  Ward  Number  Four. 
Like  arrangement  shall  be  made  for  the  names 
of  candidates  for  each  other  elective  office 
that  may  be  from  time  to  time  provided  for  by  law.  At 
the  bottom  of  each  ballot  shall  be  the  words,  'Instructions  to 
voters:  To  vote,  stamp  or  write  a  cross  in  the  square 
opposite  the  name  of  the  candidate  for  whom  you  desire 
to  vote.  All  marks  otherwise  made  are  forbidden."  All 
ballots  shall  be  authenticated  with  a  facsimile  of  the  sig- 
nature of  the  City  Manager ;  and  shall  be  precisely  of  the 
same  size,  quality^  tint  of  paper,  kind  of  type,  and  color 
of  ink;  and  the  names  of  all  candidates  shall  be  printed 
upon  the  ballots  in  the  same  color  of  ink  and  shall  be  in 
type  of  the  same  size  and  style,  and  the  ballots  shall  be 
furnished  at  the  expense  of  the  city. 

S^EC.  10.  The  qualifications  for  voting  at  a  primary 
election  or  at  a  municipal  election  shall  be  a  four  months 
residence  m  the  city  of  Hickory,  and  the  qualificationp: 
required  of  electors  voting  for  members  of  the  General 
Assembly  of  North  Carolina. 

Sec.  II.  The  election  officers  shall  immediately  upon 
the  closing  of  the  polls  at  a  primary  election  count  the 
ballots  and  ascertain  the  number  of  votes  cast  for  each 
person  for  nomination  for  the  office  for  which  he  was  a 
candidate ;  and  they  shall  forthwith  make  returns  thereof 
to  the  City  Council  upon  blank  forms  to  be  furnished  to 
them  by  the  City  Manager. 

Sec.  12.  The  two  persons  receiving  at  a  primary 
election  the  highest  number  and  second  highest  number 
of  votes,  respectively,  for  Mayor,  for  Aldermen  from  the 
same  ward,  or  any  other  office,  shall  be  candidates 
whose  names  shall  be  printed  on  the  official  ballots  to  be 
used  at  the  general  or  special  municipal  election  for 
which  such  primary  election  was  held ;  except  that  in  case 
two  or  more  persons  receive  the  same  number  of  votes, 
and  more  votes  than  any  other  person  for  the  same  office, 


then  said  persons  shall  be  the  candidates  as  aforesaid 
whose  names  shall  be  printed  on  said  official  ballots.  If 
in  order  to  obtain  the  requisite  number  of  candidates  for 
Mayor,  for  /^icerman  from  the  same  ward, or  far  any 
other  office,  it  becomes  necessary  to  take  one 
of  two  or  more  persons  having  the  same  number  of  votes 
for  Mayor,  for  Aldermen  from  the  same  ward,  or  for 
any  other  office,  then  the  names  of  all  the  aforesaid 
persons  having  the  same  number  of  votes  for  such  office 
shall  be  printed  on  the  official  ballots  to  be  used  at  such 
general  or  special  municipal  election,  together  with  the 
names  of  all  persons,  if  any,  receiving  a  higher  number  of 
votes  for  such  office,  even  though  it  makes  the  number 
of  candidates  more  than  twice  the  number  to  be  chosen 
to  such  office. 

Sec.  13.  At  the  top  of  all  ballots  used  at  any  gen- 
eral or  special  municipal  election  shall  be  the  words  ''Offi- 
cial Election  Ballot",  and  the  ballots  used  for  the  election 
of  officers  shall  conform  in  all  other  respects  with  the  pro- 
visions of  section  nine  as  modified  by  section  twelve  of 
this  article. 

Sec.  14.  The  City  Council  shall  appoint  a  registrar 
and  two  judges  at  least  thirty  days  before  any  general  or 
special  municipal  election.  The  names  of  the  registrar 
and  judges  of  election  shall  appear  in  the  notice  calling 
for  the  primary  election  preceding  the  general  or  special 
municipal  election.  The  registrar  shall  be  furnished  at 
the  expense  of  the  city,  with  registration  books,  ballot 
boxes,  and  such  blank  forms  as  are  required  by  this  char- 
ter. It  shall  be  his  duty,  after  being  qualified,  to  perform 
the  functions  of  his  office,  impartially  and  according  to 
law,  and  to  open  and  to  keep  open  registration  books  for 
thirty  days  immediately  preceding  the  day  of  election; 
that  is,  the  general  or  special  municipal  election.  He  may 
require  any  person  offering  to  register  for  any  general, 
special  or  primary  municipal  election  to  take  and  sub- 
scribe an  oath  that  he  has  resided  in  the  State  of  North 
Carolina  two  years,  in  Catawba  County  six  months,  and 
in  the  City  of  Hickory  four  months,  and  that  he  is  twenty- 
one  years  of  age. 

Sec.  15.  If  any  person  willfully  swear  falsely  in 
taking  the  oath  mentioned  in  the  preceding  section,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction shall  be  sentenced  to  pay  a  fine  not  exceeding  two 
hundred  dollars  or  be  imprisoned  not  exceeding  sixty 
days. 

9 


Sec.  16.  That  after  being  duly  sworn  by  the  Mayor 
or  a  justice  of  the  peace  to  conduct  the  election  fairly, 
impartially  and  according  to  law,  the  registrar  and  judges 
of  elections  shall  open  the  polls,  receive  and  deposit  the 
ballots  in  the  boxes  provided  for  that  purpose,  administer 
oaths,  decide  all  challenges  on  the  day  of  the  primary, 
general  or  special  municipal  election  then  being  held, 
superintend  and  conduct  the  primary  or  election  in  like 
manner  and  during  the  same  hours  as  elections  for  mem- 
bers of  the  General  Assembly  of  North  Carolina  are  con- 
ducted. 

Sec.  17.  The  registrar  and  judges  of  elections  shall, 
immediately  upon  the  closing  of  the  polls,  publicly  count 
the  ballots  and  ascertain  the  number  of  votes  cast  for 
each  person  for  the  office  for  which  he  was  a  candidate; 
and  they  shall  forthwith  make  returns  thereof  to  the  City 
council  upon  the  blank  forms  furnished  by  the  City 
Manager. 

Sec.  18.  At  a  general  or  special  municipal  election 
the  person  receiving  the  highest  number  of  votes  for 
Mayor,  for  Alderman  from  any  one  ward,  or  for  any 
other  office  shall  be  deemed  and  declared  elected  to  such 
office.  If  two  or  more  persons  receive  the  same 
number  of  votes  for  Mayor,  for  Alderman  from  the  same 
ward,  or  for  any  other  office,  for  which  no  person  has  been 
elected,  the  persons  rceiving  an  equal  number  of  votes 
shall  decide  by  lot  which  one  shall  be  deemed  and  declared 
to  be  elected. 

Sec.  19.  If  any  judge  or  registrar  shall  fail  to  be 
present  on  the  day  of  election,  his  place  shall  be  filled  by 
the  Mayor  at  once,  and  if  at  any  time  the  registrar  is 
temporarily  unable  to  act  as  such,  the  Mayor  may  appoint 
a  temporary  registrar  to  act  for  him  after  being  duly 
sworn,  or  if  a  vacancy  should  occur  in  said  office,  for  any 
reason,  then  the  Mayor  may  appoint  to  fill  the  vacancy. 

The  registrar  and  judges  of  elections  shall  receive 
for  their  services  such  compensation  as  shall  be  fixed  by 
the  City  Council ;  but  such  compensation  shall  in  no  event 
exceed  that  allowed  by  law  for  registrars  and  judges  hold- 
ing elections  for  members  of  the  General  Assembly  of 
North  Carolina. 

Sec.  20.  If  a  person  elected  fails  to  qualify,  the  office 
shall  be  ffiled  as  if  there  were  a  vacancy  in  such,  as  here- 
inafter provided. 

Sec.  21.  No  informalities  in  conducting  municipal 
elections  in  the  City  of  Hickory  shall  invalidate  the  same, 
if  they  have  been  conducted  fairly  and  in  substantial 

10 


conformity  to  the  requirements  of  this  charter. 

Sec.  22.  That  if  the  City  Council  shall  fail  to  give 
notice  of  an  election  as  herein  provided,  to  hold  and  de- 
clare the  same  in  like  manner  as  herein  prescribed,  or  if 
any  officer  fails  to  fairly  and  impartially  perform  the 
duties  herein  required  to  be  performed  by  him,  each  of 
them'  as  shall  be  in  fault  shall  forfeit  and  pay,  for  the 
equal  benefit  of  the  city  and  of  him  who  shall  sue  there- 
for, one  hundred  dollars. 

Sec.  23.  Any  person  who  shall  agree  to  perform  any 
services  in  the  interest  of  any  candidate  for  any  office 
provided  for  in  this  Charter,  in  consideration  of  any  money 
or  other  valuable  thing,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction,  shall  be  punished  by  a  fine  not  ex- 
ceeding three  hundred  dollars  or  be  imprisoned  in  the 
county  jail  not  exceeding  six  months. 

Sec.  24.  Any  person  offering  to  give  a  bribe,  either 
in  money  or  other  consideration  -to  any  voter  for  the  pur- 
pose of  influencing  his  vote  at  any  primary,  general  or 
special  municipal  election  provided  for  in  this  charter, 
or  any  elector  entitled  to  vote  at  any  such  election  receiv- 
ing and  accepting  such  bribe  or  other  consideration  shall 
be  fined  a  sum  not  less  than  one  hundred  dollars,  nor 
more  than  five  hundred,  or  be  imprisoned  in  the  county 
jail  not  less  than  four  months  nor  more  than  twelve 
months. 

Sec.  25.  That  all  duties  herein  imposed  upon  the 
Mayor,  the  City  Council  and  the  City  Manager,  with  ref- 
erence to  primaries  and  municipal  elections,  shall  prior  to 
the  election  and  qualification  of  the  Mayor,  Aldermen  and 
City  Manager  in  one  thousand  nine  hundred  and  thirteen, 
be  performed  by  the  Mayor,  Board  of  Aldermen  and  the 
City  Clerk  of  the  City  of  Hickory  as  now  constituted. 
ARTICLE  III. 
recall  of  elective  officers. 

Section  1.  Every  incumbent  of  an  elective  office, 
whether  elected  by  popular  vote  or  appointed  to  fill  a 
vacancy,  is  subject  to  recall  by  the  qualified  registered 
voters  of  the  City.  The  procedure  to  effect  such  removal 
shall  be  as  provided  in  this  article. 

Sec.  2.  A  petition  signed  by  twenty-five  per  cent  of 
the  qualified  registered  voters  of  the  City  demanding  an 
election  of  a  successor  of  the  officer  sought  to  be  removed, 
and  stating  in  not  more  than  two  hundred  words  the 
reason  for  demanding  the  recall  of  the  officer,  shall  be 
addressed  to  the  City  Council  and  presented  to  the  City 

11 


Manager.  The  petition  may  request  such  election  to  be 
held  at  a  special  municipal  election  or  at  .the  next  general 
municipal  election. 

Sec.  3.  When  a  recall  petition  is  presented  to  the 
City  Manager  for  filing,  he  shall  forthwith  examine  the 
same,  and  ascertain  if  it  conforms  to  the  provisions  of  this 
article.  If  found  not  to  conform  thereto,  he  shall  then 
and  there  in  writing  designate  on  said  petition  the  defect 
or  omission  or  reason  why  such  petition  can  not  be  filed, 
and  shall  return  the  petition  to  the  person  who  presented 
•the  same  for  filing.  The  petition  may  then  be  amended 
and  again  presented  to  the  City  Manager  as  in  the  first 
instance.  Whereupon  the  City  Manager  shall  forthwith 
proceed  to  examine  the  petition  as  hereinbefore  provided. 
If  either  the  original  or  the  amended  recall  petition  be 
found  to  conform  to  the  provisions  of  this  article,  the  City 
Manager  shall  immediately  file  same  and  notify  the  officer 
sought  to  be  removed  of  said  filing. 

Sec.  4.  If  the  officer  sought  to  be  removed  shall  not 
resign  within  five  days  after  the  petition  is  filed  by  the 
City  Manager,  and  if  the  petition  requests  a  special  elec- 
tion, the  City  Council  shall  cause  a  special  election  to  be 
held  within  forty-five  days  to  determine  whether  the  peo- 
ple will  recall  said  officer,  or,  if  a  general  municipal  elec- 
tion is  to  occur  within  ninety  days,  the  City  Council  may 
in  its  discretion  postpone  the  holding  of  such  election  to 
such  general  municipal  election. 

Sec.  5.  In  the  published  call  for  the  election  shall 
be  printed  in  not  mxore  than  two  hundred  words  the 
reason  for  demanding  the  recall  of  the  officer  as  set  forth 
in  the  recall  petition,  together  with  such  defence  or 
answer,  not  exceeding  two  hundred  words,  as  the  officer 
may  desire  to  make. 

Sec.  6.  The  officer  sought  to  be  removed  shall  be 
deemed  a  candidate  and,  unless  he  resigns,  his  name  shall 
be  p'^'nted  upon  the  official  election  ballots.  The  nomina- 
tion of  the  other  candidate  and  the  election  shall  be  in 
accordance  with  the  provisions  contained  in  the  article  on 
elections.  If  the  officer  sought  to  be  removed  is  an  Al- 
derman, the  other  candidate  shall  reside  in  the  ward  of 
which  the  officer  sought  to  be  removed  is  a  resident. 

Sec.  7.  The  officer  sought  to  be  removed  shall,  if  he 
does  not  resign,  continue  to  perform  the  duties  of  his 
office  until  the  result  of  such  election  is  declared.  If  he 
fails  of  election,  he  shall  be  deemed  removed  from  office, 
and  the  successful  candidate  shall  be  duly  inducted  into 

12 


office  as  his  successor. 

Sec.  8.  No  recall  petition  shall  be  filed  against  any 
officer  until  he  has  actually  held  his  office  for  at  least 
three  months. 

Sec.  9.  No  person  who  has  been  recalled  from  an 
elective  office,  or  who  has  resigned  from  such  office  after 
a  recall  petition  shall  have  been  duly  filed  against  him, 
shall  be  appointed  to  any  office  within  one  year  after  such 
recall  or  resignation. 

Sec.  10.  During  any  period  of  six  months  there 
shall  not  be  held  more  than  one  special  municipal  election. 

Sec.  11.  The  City  Council  may  by  ordinance  make 
such  further  regulations  as  may  be  necessary  to  carry  out 
the  provisions  of  this  article. 

ARTICLE  IV. 
THE  CITY  COUNCIL. 

Section  1.  The  legislative  and  general  regulative 
powers  of  the  City  of  Hickory  shall  be  vested  in  a  City 
Council  which  shall  be  composed  of  the  Mayor  and  four 
Aldermen. 

Sec.  2.  The  qualifications  of  the  members  of  the 
City  Council  shall  be  two  years  residence  in  the  City  of 
Hickory  and  the  qualifications  required  for  members  of 
the  more  numerous  house  of  the  General  Assemly  of 
North  Carolina.  The  City  Council  shall  he  the  judge  of 
the  election  and  qualifications  of  its  own  members,  sub- 
ject to  review  by  the  courts. 

Sec.  3.  The  members  of  the  City  Council,  before 
entering  upon  their  duties,  shall  severallj^  take  and  sub- 
scribe an  oath  before  a  justice  of  the  peace  to  perform 
faithfully  the  duties  of  their  office. 

Sec.  4.  If  a  vacancy  shall  occur  in  the  City  Council 
the  remaining  members  shall  elect  a  person  to  fill  the 
vacancy  until  the  next  general  or  special  municipal  elec- 
tion, at  which  the  vacancy  shall  be  filled  for  the  unexpired 
term  by  the  qualified  re^istpred  voters  of  the  city.  No 
two  Aldermen  shall  be  residents  of  the  same  ward. 

Sec.  5.  Each  member  of  the  City  Council  shall  re- 
ceive one  dollar  per  meeting  as  compensation  for  his 
services,  payable  monthly:  Provided,  that  no  member 
shall  receive  any  amount  in  excess  of  sixty  dollars  during 
any  municipal  year,  except  as  is  otherwise  hereinafter 
in  this  charter  provided  for  a  member  who  may  perform 
the  duties  of  City  Treasurer. 

Sec.  6.  The  City  Council  shall  hold  regular  meetings 
on  Tuesday  of  each  and  every  week  at  some  regular  hour 

13 


to  be  fixed  by  said  council  from  time  to  time,  and  publicly 
announced  by  it;  and  it  may  hold  such  adjourned  and  call- 
ed meetings  as  may  be  necessary  or  convenient. 

Sec.  7.  Three  members  shall  constitute  a  quorum  to 
transact  business,  but  two  members  may  adjourn  from 
day  to  day  and  compel  the  attendance  of  absent  members. 
Any  three  members  may  call  a  meeting. 

All  special  or  adjourned  meetings  at  which  any  per- 
son not  a  city  officer  is  present  and  all  regular  meetings 
shall  be  open  to  the  public.  Any  citizen  may  have  access, 
during  reasonable  hours,  to  the  minutes  of  the  City  Coun- 
cil upon  application  to  the  City  Manager. 

Sec.  8.  No  resolution,  by-law  or  ordinance  appro- 
priating any  money  for  any  purpose,  providing  for  any 
public  improvements,  enacting  any  regulation  concerning 
the  public  safety  or  public  health,  levying  any  tax,  or  of 
any  other  general  or  permanent  nature  except  a  procla- 
mation of  quarantine  or  other  emergency  measure  con- 
cerning the  public  safety  or  public  health  shall  be  enacted, 
unless  said  resolution,  by-law  or  ordinance  shall  have 
been  read  twice  and  passed  two  readings,  which  readings 
shall  have  been  on  two  different  days  and  one  of  which 
must  be  at  a  regular  meeting :  Provided,  any  emergency 
measure  enacted  shall  be  effective  only  until  the  first  reg- 
ular meeting  after  its  enactment,  unless  ratified  at  such 
meeting. 

Sec.  9.  No  ordinance  shall  be  revised,  re-enacted  or 
amended  by  reference  to  its  title  only;  but  the  ordinance 
to  be  revised  or  re-enacted,  or  the  section  or  sections 
thereof  to  be  amended,  or  the  new  section  or  sections  to 
be  added  thereto,  shall  be  set  forth  and  adopted  in  the 
method  for  the  adoption  of  ordinances. 

Sec.  10.  Every  motion,  resolution,  by-law  or  ordin- 
ance introduced  at  any  meeting  shall  be  reduced  to  writ- 
ing and  read  before  any  vote  thereon  shall  be  taken  and 
the  yeas  and  nays  thereon  shall  be  recorded.  A  record 
of  the  proceedings  of  every  meeting  shall  be  kept  by  the 
City  Manager  in  a  well-bound  book  and  every  resolution, 
by-law  or  ordinance  passed  by  the  City  Council  and  every 
motion  made  at  any  meeting  must  be  recorded  in  such 
book,  and  the  records  of  the  proceedings  of  the  meetings 
must  be  signed  by  at  leas '  three  members  of  j\^e  City 
Council. 

Sec.  11.  Any  three  citizens  may  appear  before  the 
City  Council  at  any  of  its  regular  meetings  and  may 
present  a  written  motion.  Said  motion  shall  be  acted  upon 

14 


by  the  City  Council  in  the  regular  course  of  business  with- 
in fifteen  days. 

Sec.  12.  No  member  shall  be  excused  from  voting 
except  upon  matters  involving  the  consideration  of  hU 
own  official  conduct.  In  all  other  cases  a  failure  to  vote 
by  a  member  who  is  present,  or  who,  having  been  present, 
has  withdrawn  from  the  meeting  without  being  excused, 
shall  be  deemed,  and  shall  be  entered  upon  the  minutes 
as,  an  affirmative  vote. 

Sec.  13.  The  City  Council  of  the  City  of  Hickory 
shall,  in  addition  to  other  powers  herein  given  them,  have 
full  power  and  authority : 

(a)  To  enact  and  enforce  all  ordinances  necessary 
to  protect  health,  life  and  property,  and  to  prevent  and 
summarily  abate  and  remove  nuisances,  and  to  preserve 
and  to  enforce  the  good  government,  order  and  security 
of  the  City  and  its  inhabitants,  and  to  enact  and  enforce 
ordinances  upon  any  subject:  Provided,  that  no  ordinance 
shall  be  enacted  inconsistent  with  the  laws  of  the  State 
of  North  Carolina  or  inconsistent  with  the  provisions  of 
this  charter ;  and  provided  further,  that  the  grant  of  par- 
ticular powers  shall  never  be  construed  as  a  limitation 
upon  the  general  powers  herein  granted,  it  being  intended 
by  this  Charter  to  grant  and  bestow  upon  the  inhabitants 
of  the  City  of  Hickory  full  power  of  self-government 
to  be  exercised  in  accordance  with  the  general  plan  of 
this  charter.  All  ordinances  of  the  City  of  Hickory, 
when  printed  and  published  and  bearing  on  the  title 
page  thereof  the  words,  ''Ordained  and  published  by  tie 
City  of  Hickory",  or  words  of  like  import,  shall  be  prima 
facie  evidence  of  their  authenticity,  and  shall  be  admitted 
and  received  in  all  courts  and  places  without  further 
proof. 

(b)  To  exercise  such  control  over  and  power  to  re- 
quire all  public  service  corporations,  and  all  people  doing 
a  public  service  business  in  the  City  of  Hickory,  to  make 
such  reports,  and  have  a  right  to  the  inspection  of  such 
books  and  papers,  as  the  North  Carolina  Corporation 
Commission  has  the  right  to  control,  require  and  inspect 
under  the  laws  now  enacted,  or  which  may  be  enacted, 
with  reference  to  public  service  corporations  doing  busi- 
ness in  the  State  of  North  Carolina. 

(c)  To  summon  and  compel  the  attendance  of  wit- 
nesses, and  the  production  of  books  and  papers,  before  it 
whenever  it  may  be  deemed  necessary  for  the  more  ef- 
fective discharge  of  its  duties,  and  shall  have  power  to 

15 


punish  for  contempt  of  said  City  Council  with  the  same 
fines  and  penalties  that  the  Municipal  Judge  may  impose 
for  contempt  of  the  Municipal  Court  of  the  City  of  Hick- 
ory. All  processes  necessary  to  enforce  the  powers  con- 
ferred by  this  sub-section  shall  be  signed  by  a  member  of 
the  City  Council,  addressed  to  theCity  Manager,  and  shall  be 
served  by  him  or  any  member  of  the  police  department. 

(d)  To  make  all  orders  for  the  doing  of  work,  or 
the  making  or  construction  of  any  improvements,  bridges 
or  buildings.  It  shall  levy  all  taxes,  apportion  and  ap- 
propriate all  funds,  audit  and  allow  all  bills  and  iccounts, 
pay  rolls  and  claims,  and  order  payment  thereof.  It  shall 
make  all  assessments  for  the  costs  of  street  improve- 
ments, sidewalks,  sewers  and  other  work,  improvements 
or  repairs  which  may  be  specially  assessed.  It  shall  make 
or  authorize  the  making  of  all  contracts,  and  no  coatract 
shall  bind  or  be  obligatory  upon  the  city  unless  either 
made  by  ordinance  or  resolution  adopted  bv  the  City 
Council,  or  reduced  to  writing  and  approved  by  said 
council,  or  expressly  authorized  by  ordinance  or  resolu- 
tion adopted  by  the  City  Council.  All  contracts,  and  all 
ordinances  and  resolutions  relative  to  making-  contracts, 
shall  be  drawn  by  the  City  Attorney,  or  submitted  to  such 
officer  before  the  same  are  made  or  passed. 

{e)  To  issue  and  it  shall  be  its  duty  to  issue 
general  and  special  orders,  by  resolution,  to  the  City 
Manager  giving  him  power  and  authority  to  carry  out,  Sv. 
accordance  with  law,  any  administrative  powers  and 
duties,  in  addition  to  those  herein  expressly  conferred, 
that  the  City  Council  may  deem  wise. 

(f)  To  require  the  City  Manager  to  present,  once 
a  month  a  complete  report,  financial  and  otherwise,  of  tht 
activities  of  the  several  departments  of  the  city  govern- 
ment, and  special  reports  at  any  time. 

(g)  To  validate  any  lawful  act  performed  by  any 
administrative  officer  of  the  city  without  its  previous 
authority. 

(h)  To  declare  forfeited  and  terminate  franchises 
granted  persons  or  corporations  for  street  railway, 
electric  light,  telephone,  gas,  power,  or  other  public  ser- 
vice purposes,  whenever  the  conditions  upon  which  such 
franchises  were  granted  have  been  broken,  or  whenever, 
for  any  other  reason,  such  franchise  or  franchises  have 
been  lost,  surrendered  or  forfeited. 

(i)  To  open  new  streets,  change,  widen,  extend  and 
close  any  street  that  is  now  or  may  hereafter  be  opened, 

16 


and  adopt  such  ordinances  for  the  regulation  and  use  of 
the  streets,  squares  and  parks  and  other  public  property 
iDelonging  to  the  city  as  it  may  deem  best  for  the  public 
"welfare  of  the  citizens  of  the  city, 

(j)  To  lay  out,  establish  and  regulate  parks  within 
or  without  the  corporate  limits  of  the  city  for  the  use  of 
the  inhabitants  of  the  sama 

(k)  To  enact,  repair  and  alter  all  public  buildings; 
to  condemn  any  land  that  may  be  required  for  the  pur- 
pose of  erecting  any  building  or  buildings  for  city  hall, 
market  houses,  fire  companies,  graded  and  public 
•schools  and  for  any  other  building  whether  like  those 
•enumerated  above  or  not ;  provided,  that  the  procedure  in 
such  condemnation  proceedings  shall  be  the  same  as  is 
herein  provided  for  the  condemnation  of  lands  for  streets. 

(I)  To  accept  any  money  or  property  for  the  pur- 
pose of  any  public  or  corporate  use. 

(m)  To  issue  bonds  of  the  city  after  they  shall 
have  passed  an  ordinance  by  a  three-fifths  vote  of  the  City 
Council  at  two  separate  regular  meetings,  submitting 
the  question  of  issuing  the  same  to  a  vote  of  the  people, 
and  after  a  majority  of  the  qualified,  registered  voters  of 
the  city  shall  have  voted  in  favor  thereof.  No  election 
for  this  purpose  shall  be  held  until  thirty  days'  notice 
thereof  shall  have  been  given  by  the  City  Council  in  some 
newspaper  published  in  the  City  of  Hickory.  At  such 
election,  those  who  favor  issuing  such  bonds  shall  vote 
a  ballot  on  which  shall  be  printed  or  written  the 
v/ords  **For  Bonds",  and  those  who  oppose  it,  shall  vote  a 
ballot  on  which  shall  be  printed  or  written  the  words 
"'Against  Bonds".  The  City  Council,  if  it  deem  it  proper 
so  to  do,  may  order  a  new  registration  of  the  voters  of 
said  city  at  any  and  all  such  elections. 

(n)  To  appoint  a  City  Attorney,  for  a  term  of 
twelve  months  at  the  first  regular  meeting  in  May  of 
each  year.  It  shall  be  the  duty  of  the  City  Attorney,  in 
addition  to  other  duties  herein  mentioned,  to  prosecute 
and  defend  all  suits  for  and  against  the  city,  to  advise 
the  City  Council,  the  Mayor,  the  City  Manager  and  all 
officers  and  agents  of  the  city  in  regard  to  matters  con- 
nected with  the  city's  business,  and  it  shall  be  his  duty, 
when  required  so  to  do,  to  attend  the  meetings  of  the  City 
Council,  and  to  prepare  such  deeds,  contracts,  bonds  and 
other  legal  papers  as  may  be  required  for  the  city's 
business.  The  Citv  Attorney  shall  receive  an  annual 
salary  of  not  less  ^n  $150.00  nor  more  than  $300.00.  In 

17 


addition  thereto  he  may  receive  such  extra  compensation,. 

as   the   City  Council    shall    deem    proper,    for    services 

rendered  in  the  Superior  or  Supreme  Court. 

ARTICLE  V. 

THE  MAYOR. 

Section  1.  The  power  and  duties  of  the  Mayor  shall 
be  such  as  are  conferred  upon  him  by  this  charter,  to- 
gether with  such  others  as  are  conferred  by  the  City 
Council  in  pursuance  of  the  provisions  of  this  act  and  no 
others. 

Sec.  2.  He  shall  preside  at  all  meetings  of  the  City 
Council  and  shall  have  the  right  to  vote  upon  all  questions. 
He  shall  be  recognized  as  the  official  head  of  the  city  by 
the  courts  for  the  purpose  of  serving  civil  processes,  and 
by  the  public  for  all  ceremonial  purposes.  He  shall  have 
power  to  administer  oaths. 

Sec.  3.  Such  functions  not  enumerated  in  this 
charter  as  are  conferred  upon  the  Mayor  by  the  general 
laws  of  the  State  shall  be  exercised  by  the  City  Manager, 
unless  the  City  Council  designate  some  other  person  to 
exercise  same. 

Sec.  4.  During  the  disability  of  the  Mayor  the  func- 
tions of  his  office  shall  devolve  upon  some  member  of  the 
City  Council  designated  by  that  body  at  its  first  meeting 
in  May  of  each  and  every  year. 

ARTICLE  VI. 

THE  CITY  MANAGER. 

Section  1.  There  shall  be  chosen  by  the  City 
Council  an  officer  to  be  known  as  the  City  Manager,  who 
shall  be  the  administrative  head  of  the  City  Government. 

Sec.  2.  Before  entering  upon  the  duties  of  his  office, 
the  City  Manager  shall  take  and  subscribe  an  oath  that 
he  will  faithfully  perform  the  duties  of  his  office  and  shall 
execute  a  bond,  with  an  incorporated  bonding  company 
or  companies  as  surety  or  sureties,  in  favor  of  the  city 
for  the  faithful  performance  of  his  duties.  The  amount 
of  the  bond  shall  not  be  less  than  seven  thousand  five 
hundred  dollars,  and  may  be  increased  or  a  new  bond 
required  by  the  City  Council  whenever  it  may  deem  it 
advisable. 

Sec.  3.  The  term  of  the  City  Manager  shall  be  at 
the  pleasure  of  the  City  Council. 

Sec.  4.  The  City  Manager  shall  not  be  personally 
interested  in  any  contracts  to  which  the  city  is  a  party, 
for  the  supplying  the  city  materials  of  any  kind. 

Sec.  5.    It  shall  be  his  duty  to  attend  all  meetings  of 

18 


and  to  recommend  to,  the  City  Council,  from  time  to  time, 
such  measures  as  he  shall  deem  necessary  or  expedient 
for  it  to  adopt,  and  to  furnish  it  with  any  necessary  in- 
formation respecting  any  of  the  departments  under  his 
control.  He  shall  accurately  keep  the  minutes  of  the 
City  Council. 

Sec.  6.  He  shall  transmit  to  the  hands  of  the  sev- 
eral departments  written  notice  of  all  acts  of  the  City 
Council  relating  to  the  duties  of  their  departments,  and 
he  shall  make  designation  of  officers  to  perform  duties 
ordered  to  be  performed  by  the  City  Council. 

Sec.  7.  He  shall  sign  all  contracts,  licenses  and  other 
public  documents  on  behalf  of  the  city,  as  the  City  Council 
may  authorize  and  require. 

Sec.  8.  He  shall  have  access  at  all  times  to  the  books, 
vouchers  and  papers  of  any  officer  or  employee  of  the 
city,  excepting  the  City  Treasurer's  books,  and  shall  have 
power  to  examine,  under  oath,  any  person  connected 
therewith. 

Sec.  9.  He  shall  have  power  to  revoke  licenses  pend- 
ing the  action  of  the  City  Council. 

Sec.  10.  He  shall  have  authority  and  charge  over 
all  public  works,  the  erection  of  buildings  for  the  city, 
the  making  and  construction  of  all  improvements,  paving, 
curbing,  sidewalks,  streets,  bridges,  viaducts,  and  the  re- 
pair thereof;  he  shall  approve  all  estimates  of  the  cost 
of  public  works,  and  recommend  to  the  City  Council  the 
acceptance  or  rejection  of  the  work  done  or  improvements 
made;  he  shall  have  control,  management  and  direction 
of  all  public  grounds,  bridges,  viaducts  and  public  build- 
ings; he  shall  have  control  of  the  location  of  street  car 
tracks,  telephone  and  telegraph  poles  and  wires ;  he  shall 
have  charge  of  the  water  sheds  from  which  the  city 
takes  its  supply  of  water,  pumping  stations,  pipe  lines, 
filtering  apparatus,  and  all  other  things  connected  with 
or  incident  to  the  proper  supply  of  water  for  the  city; 
and  shall  secure  all  rights  of  way  and  easements  connect- 
ed with  the  water  works  or  sewerage  systems  or  the  ex- 
tension of  the  streets,  etc. 

All  the  powers  enumerated  however  shall  be  exercis- 
ed subject  to  the  supervision  and  control  of  the  City  Coun- 
cil. 

Sec.  1(1.  He  shall  have  power  to  suspend,  fine  and 
dismiss  any  member  of  the  police,  fire,  water  works  and 
sewerage  and  street  departments  in  the  interest  of  discip- 
line.    But  any  officer,  appointed  or  elected  by  the  City 

19 


Council  to  a  position  in  said  de- 
partments, who  has  been  suspended,  fined  or  dis- 
missed, may  appeal  to  the  City  Council  at  any  of  its  regu- 
lar meetings,  and  it  shall  review  his  case,  affirm,  or  modi- 
fy or  reverse  the  order  of  the  manager  and  make  any 
restitution  within  the  law,  which  it  may  deem  advisable. 
The  City  Manager  shall  promptly  report  all  suspensions, 
fines  and  dismissals  as  hereinafter  provided  in  the  article 
in  reference  to  the  police  powers  of  the  City  of  Hickory. 

Sec.  12.  The  officers  and  other  employees  of  the  Po- 
lice department,  fire  department,  street  department,  and 
the  water  works  and  sewerage  department  shall  be  elected 
foi  a  term  of  one  year  from  a  list  submitted  to  the  City 
Council  by  the  City  Manager,  and  if  the  City  Council  is 
unable  or  refuses  to  elect  from  the  list  so  furnished  ^ 
shall  call  on  the  City  Manager  from  time  to  time  for  other 
lists,  which  it  shall  be  his  duty  to  furnish. 
ARTICLE  VIL 

FRANCHISES. 

Section  1.  Every  franchise  or  privilege  to  construct 
or  operate  street,  suburban  or  interurban  railroads  along,, 
upon,  over  or  under  any  street,  highway,  or  other  public 
place,  or  lay  pipes  or  conduits,  or  to  erect  poles  or  wires, 
or  other  structures  in,  upon,  over,  under  or  along  any 
street,  highway  or  other  public  place  in  the  City  for  the 
transmission  of  gas  or  electricity,  the  conducting  of  a  tel- 
ephone system,  or  for  any  purpose  whatever,  shall  be 
granted  upon  the  conditions  in  this  article  provided,  and 
not  otherwise. 

Sec.  2.  An  applicant  for  a  franchise  or  privilege 
shall  file  with  the  City  Council  an  application  therefor,  and 
thereupon  the  City  Council  shall,  if  it  propose  to  grant  the 
same,  advertise  the  fact  of  said  application,  together  with 
a  statement  that  it  is  proposed  to  grant  the  same,  in  one 
or  more  newspapers  published  in  the  City  of  Hickory 
and  one  or  more  daily  newspapers  published  in  the  State 
of  North  Carolina.  The  publication  of  such  advertise- 
ment must  run  for  a  period  of  thirty  days  and  must  be 
completed  not  less  than  twenty  and  not  more  than  thirty 
days  before  any  further  action  can  be  taken  on  such  ap- 
plication. 

Sec.  3.  The  advertisement  must  state  the  character 
of  the  franchise  or  privilege  it  is  proposed  to  be  granted, 
and  if  it  be  a  street,  suburban  or  interurban  railroad,  the 
route  to  be  traversed;  that  sealed  bids  therefor  will  be 
opened  at  a  stated  time  and  place,  and  that  the  franchise 

20 


will  be  awarded  to  the  bidder  offering  to  pay  to  the  City 
during  the  life  of  the  franchise  the  highest  percentage  of 
the  gross  annual  receipts  received  from  the  use,  operation 
or  possession  of  the  franchise. 

Sec.  4.  At  the  time  of  opening  the  sealed  bids, 
any  responsible  person,  firm  or  corporation,  present  in 
person  or  represented,  may  bid  for  such  franchise  or 
privilege  not  less  than  one-fourth  of  one  per  cent,  of  the 
gross  annual  receipts  above  the  highest  sealed  bid  there- 
for, and  such  bid  so  made  may  be  raised  not  less  than  one- 
fourth  of  one  per  cent,  of  the  gross  annual  receipts  by 
any  other  responsible  bidder,  and  such  bidding  may  con- 
tinue until  finally  such  franchise  shall  be  struck  off,  sold 
and  awarded  by  theCity Council  to  the  person, firm  or  corpor- 
ation offering  the  highest  percentage  of  the  gross  annual 
receipts  arising  from  the  use,  operation  or  possession  of 
such  franchise;  provided  that  if,  in  the  judgment  of  the 
City  Council,  no  adequate  or  responsible  bid  has  been  made, 
the  City  Council  may  withdraw  such  franchise  from  sale  or 
advertise  for  new  bids. 

Sec.  5.  Every  application  and  bid  for  franchis'^' 
under  this  article  shall  be  accompanied  by  a  cash  deposit 
of  two  thousand  dollars  or  a  certified  check  therefor  as  a 
guarantee  of  the  good  faith  of  the  applicant  or  bidder, 
and  as  a  fund  out  of  which  to  pay  all  expenses  connected 
with  such  application  and  the  granting  of  such  fran- 
chise. 

Upon  the  franchise  being  awarded,  all  deposits  made 
by  unsuccessful  bidders  shall  be  returned.  The  deposit  of 
the  successful  bidder  shall  be  retained  until  the  filing  and 
approving  of  the  surety  bond  hereinafter  provided  for, 
whereuDon  the  remainder  of  such  deposit,  after  the  pay- 
ment therefrom  of  all  expenses  incurred  by  the  City  in 
connection  with  the  advertising  and  awarding  of  such 
franchise,  shall  be  returned. 

Sec.  6.  No  clause  or  condition  of  any  kind  shall 
be  inserted  in  any  franchises  or  grant  offered  or  sold  un- 
der the  terms  of  this  article  which  shall  directly  or  indi- 
rectly restrict  free  and  open  competition  in  bidding  there- 
for, and  no  clause  or  provision  shall  be  inserted  in  any 
franchise  offered  for  sale  which  shall  in  any  wise  favor 
one  person,  firm  or  corporation  as  against  another  in  bid- 
ding for  the  purchase  thereof. 

Sec.  7.  The  successful  bidder  for  any  franchise  or 
privilege  awarded  under  this  article  shall  file  a  bond  run- 
ning to  the  City  to  be  approved  by  the  Council,  in  the 

21 


penal  sum  by  it  to  be  prescribed  and  set  forth  in  the  ad- 
vertisement for  bids,  conditioned  that  such  bidder  shall 
well  and  truly  observe  and  faithfully  perform  each  and 
every  term  and  condition  of  such  franchise  and  that  in 
case  of  any  breach  of  condition  of  such  bond,  the  whole 
amount  of  the  penal  sum  therein  named  shall  be  taken 
and  deemed  to  be  liquidated  damages  and  shall  be  recov- 
erable from  the  principal  and  surety  upon  such  bond. 

Such  bond  shall  be  filed  with  theCityCouncil  within  ten 
days  after  such  franchise  is  awarded,  and  within  thirty 
days  after  the  filing  and  approval  of  such  bond  such 
franchise  shall  by  the  City  Council  be  granted  by  ordinance 
to  the  person,  firm  or  corporation  to  whom  it  shall  have 
been  struck  off,  sold  or  awarded,  and  in  case  it  shall  not 
be  so  filed,  the  award  of  such  franchise  shall  be  set  aside 
and  any  money  deposited  in  connection  with  the  award- 
ing of  the  franchise  shall  be  forfeited  and  the  franchise 
shall, in  the  discretion  of  the  City  Council,  be  readvertised 
and  again  offered  for  sale  in  the  same  manner  and  under  the 
same  restrictions  as  hereinbefore  provided. 

Sec.  8.  The  maximum  length  of  time  for  which  a 
franchise  or  privilege  to  use  the  streets,  highways,  or 
other  public  places  of  the  City  may  be  granted  to  any 
person,  firm  or  corporation  shall  be  thirty-five  (35)  years. 
.Sec.  9.  Work  under  any  franchise  granted  in  ac- 
cordance with  the  terms  of  this  article  shall  l:^e  commenc- 
ed in  good  faith  within  not  more  than  four  months  from 
the  date  of  the  final  passage  of  the  ordinance  granting 
such  franchise  and  if  not  so  commenced  within  said  time, 
said  franchise  shall  be  forfeited.  V/ork  under  any  fran- 
chise so  granted  shall  be  completed  within  the  time  fix- 
ed for  such  completion  in  the  ordinance  granting  such 
franchise,  which  time  shall  be  not  more  than  thirty 
months  from  the  date  of  the  final  passage  of  the  ordi- 
nance granting  said  franchise,  and  if  not  so  completed 
within  said  time,  said  franchise  shall  be  forfeited;  pro- 
vided, that  if  good  cause  be  shown,  the  City  Council  may  by 
resolution  extend  the  time  for  completion  thereof  not  ex- 
ceeding six  months. 

Sec.  10.  The  grant  of  every  franchise  or  privilege 
shall  be  subject  to  the  right  of  the  City,  whether  reserved 
or  not,  to  make  all  regulations  which  shall  be  necessary  to 
secure  in  the  most  ample  manner  the  safety,  welfare  and 
accommodations  of  the  public,  including  among  other 
things  the  right  to  pass  and  enforce  ordinances  to  protect 
the  public  from  danger  or  inconvenience  in  the  opera- 

22 


tion  of  any  work  or  business  authorized  by  the  grant  of 
the  franchise  and  the  right  to  make  and  enforce  all  such 
regulations  as  shall  be  reasonably  necessary  to  secure 
adequate,  sufficient  and  proper  service  and  accommoda- 
tions for  the  people  and  insure  their  comfort  and  conveni- 
ence. 

Sec.  11.  The  grant  of  every  franchise  or  privileg'e 
shall  be  subject  to  the  right  of  the  City,  whether  reserved 
or  not,  to  prescribe  and  regulate  the  rates,  fares,  rentals 
or  charges  made  for  the  service  rendered  under  such 
franchise.  The  grant  of  every  franchise  for  a  street, 
suburban  or  interurban  railroad  shall  provide  that  oii- 
cials,  policemen  and  firemen  of  the  City  shall  at  all  times, 
while  in  the  actual  discharge  of  their  duties,  be  allowed 
to  ride  on  the  cars  of  such  railroad  within  the  boundaries 
of  the  City^  without  paying  therefor  and  with  all*  the 
rights  of  other  passengers.  Provided,  however,  the  own- 
ers of  any  franchise  or  privilege  or  any  responsible  resi- 
dent of  the  City  of  Hickory  may  appeal  from  any  ordi- 
nance of  the  City  Council  prescribing  and  regulating  the 
rates,  fares,  rentals  or  charges  to  the  Corporation  Com- 
mission of  the  State  of  North  Carolina  by  filing  witli  the 
City  Council  a  written  notice  of  said  appeal,  not  later 
than  ten  days  after  said  ordinance  bertomes  eflfective.  The 
City  Council  shall  thereupon  send  a  copy  of  the  ordinance 
and  a  complete  certified  copy  of  the  record  in  the  entire 
matter  to  the  Corporation  Commission  of  the  State  of 
North  Carolina.  As  soon  as  practicable  after  the  receipt 
of  said  record,  the  said  Corporation  Commission  shall, 
and  it  is  hereby  authorized  and  empowered  so  to  do,  set 
a  day  for  the  hearing  of  said  matter,  giving  all  parties 
reasonable  notice  thereof  and  a  full  opportunity  to  be 
heard.  After  a  full  hearing  the  Corporation  Commission 
shall  decide  the  question  involvea,  either  wholly  or  par- 
tially in  favor  of  either  party  as  may  seem  just  and  equit- 
able. Any  party  shall  have  the  right  to  appeal  from 
said  Corporation  Commission  to  the  courts. 

All  laws  of  the  State  of  North  Carolina  that  may  be 
in  conflict  with  this  section  are  hereby  expressly  repealed 
in^so  far  as  they  apply  to  the  City  of  Hickory  or  to  the 
persons,  firms  or  corporation  owning  or  operating  any 
public  utility  under  the  grant  of  any  franchise  or  privi- 
lege by  said  City. 

Sec.  12.  Every  ordinance  granting  any  franchise 
shall  provide  that  at  the  expiration  of  the  period  for 
which  the  franchise  was  granted,  or  at  any  time  before 

23 


as  stated  in  the  ordinance,  the  City,  at  its  election  and 
upon  the  payment  of  a  fair  valuation  therefor  to  be  made 
in  the  manner  provided  in  the  ordinance  making  the 
grant,  may  purchase  and  take  over  to  itself  the  property 
and  plant  of  the  grantee  in  its  entirety,  but  in  no  case 
shall  the  value  of  the  franchise  of  the  grantee  be  consid- 
ered or  taken  into  account  in  fixing  such  valuation. 

Sec.  13.  Any  franchise  granted  by  the  City  shall 
not  be  leased,  assigned  or  otherwise  alienated  without  the 
express  consent  of  the  City,  and  no  dealings  with  a  lessee 
or  an  assignee  on  the  part  of  the  City  to  require  the  per- 
formance of  any  act  or  payment  of  any  compensation  by 
the  lessee  or  assignee  shall  be  deemed  to  operate  as  such 
consent ;  provided,  that  nothing  herein  shall  be  construed 
to  prevent  the  grantees  of  such  franchise  from  including 
it  in  a  mortgage  or  trust  deed  executed  for  the  purpose 
of  obtaining  money  for  corporate  objects. 

Sec.  14.  Every  grant  of  any  franchise  or  privilege 
in,  over,  under  or  along  any  of  the  streets,  highways  or 
public  places  in  the  City  for  railway  purposes,  shall  be 
subject  to  the  conditions  that  the  person,  firm  or  corpor- 
ation, exercising  or  enjoying  same  shall  sprinkle,  clean, 
keep  in  repair,  and  pave  and  repave  so  much  of  said  street, 
highway,  or  other  place  as  may  be  occupied  by  said  rail- 
way as  lies  between  the  rails  of  each  railway  track,  and 
between  the  lines  of  double  track,  and  for  a  space  of  two 
feet  outside  of  said  tracks.  The  City  Council  shall  be  the 
judge  as  to  when  and  how  said  sprinkling,  cleaning,  pav- 
ing and  repairing  shall  be  done  and  shall  determine  the 
kind  and  amount  of  material  and  labor  to  be  used  in 
said  sprinkling,  cleaning,  paving  and  repairing. 

Every  grant  of  any  such  franchise  or  privilege  shall 
be  subject  to  the  condition  that  the  person,  firm  or  cor- 
poration, exercising  or  enjoying  the  same,  shall  permit 
any  one  or  more  interurban  or  other  lines,  that  at  any  time 
ma^^  '^■esire  to  enter  Hickory, to  use  its  tr-^^k  for  the  purpose 
of  reaching  and  leaving  the  business  square  of  said  City 
at  a  reasonable  charge  to  be  fixed  by  the  City  Council. 

Sec.  15.  The  City  of  Hickory,  by  its  City  Manager 
or  accountants  authorized  by  its  City  Manager  or  by  the 
City  Council,  shall  have  the  right  at  all  reasonable  times  to 
examine  all  the  books,  vouchers  or  records  of  any  person, 
firm  or  corporation  exercising  or  enjoying  any  franchise 
or  privilege  granted  by  the  City  for  the  puroose  of  veri- 
fying any  statements  of  gross  receipts  provided  for,  dv^ 
for  any  other  purpose  whatsoever  connected  with  the 

24 


duties  or  privileges  of  the  City  or  such  person,  firm  or 
corporation  arising  from  this  Charter  or  from  the  ordi- 
nance granting  the  franchise,  and  may  audit  the  same  at 
the  end  of  each  year. 

Sec.  16.  Every  person,  firm  or  corporation  operat- 
ing any  business  under  a  franchise  granted  under  this  ar- 
ticle shall  file  annually  with  the  City  Manager  on  such 
date  as  shall  be  fixed  by  theCityCouncil  a  report  for  the  pre- 
ceding year. 

Such  report  shall  be  in  writing,  verified  by  the  aflfi- 
davit  of  such  person  or  persons,  or  oflficer  of  the  corpora- 
tion, as  the  City  Council  shall  direct,  and  shall  contain  a  state- 
ment, in  such  form  and  detail  as  shall  from  time  to  time 
be  prescribed  by  theCityCouncil  of  all  the  gross  receipts  aris 
ing  from  all  the  business  done  by  said  person,  firm  or  cor  • 
poration  within  the  City  of  Hickory  for  the  year  imme- 
diately preceding  such  report.  Such  report  shall  c^ 
tain  such  further  statements  as  may  be  required  by  the  City 
Council  concerning  the  character  and  amount  of  business 
done  and  the  amount  of  receipts  and  expenses  connected 
therewith,  and  also  the  amount  expended  for  new  con- 
struction, repairs  and  betterments  during  such  year. 

Sec.  17.  The  stipulated  percentage  of  gross  re- 
ceipts shall  be  paid  annually  at  the  time  of  filing  the  an- 
nual report.  Failure  to  pay  such  percentage  shall  work 
a  forfeiture  of  the  franchise.  The  provisions  as  to  the 
payments  of  gross  receipts  shall  apply  to  every  person, 
firm  or  corporation  using  or  operating  the  works  con- 
structed under  such  franchise. 

Sec.  18.  Every  ordinance  granting  any  franchise 
or  privilege  shall  provide  for  the  termination  and  the  for- 
feiture thereof  for  any  breach  or  failure  to  comply  with 
any  of  the  terms,  limitations  or  conditions  thereof,  and  in 
all  such  cases  theCityCouncil  shall  have  power  to  declare  the 
termination  and  forfeiture  of  any  such  franchise  or  priv- 
ilege, the  same  as  though  in  each  instance  such  power  was 
expressly  reserved. 

Sec.  19.  All  franchises  and  privileges  heretofore 
granted  by  the  City  which  are  not  in  actual  use  or  enjoy- 
ment, or  which  the  grantees  thereof  have  not  in  good  faith 
commenced  to  exercise,  shall  be  declared  forfeited  and  in- 
valid, unless  such  grantees  or  assigns  shall,  within  six 
months  after  this  Charter  takes  effect,  in  good  faith 
commence  the  exercise  and  enjoyment  of  such  privilege 
or  franchise. 

25 


ARTICLE  Vm. 

STREETS  AND  STREET  DEPARTMENT". 

Section  1.  The  Street  Department  of  the  City  of 
Hickory  shall  be  composed  of  the  City  Manager  and  such 
other  employees  as  the  City  Council  may  deem  necessary 
to  execute  the  duties  of  the  department.  The  City  Man- 
ager shall  be  the  executive  officer  of  the  department,  and 
shall  have  the  direction  of  the  other  officers  and  employees 
in  the  department,  subject  to  the  rules  and  regulations 
prescribed  by  the  City  CounciL 

Sec.  2.  The  City  Manager  shall  have  full  power 
and  authority,  under  ordinances  of  the  City  Council,  to 
grade,  pave,  macadamize  and  otherwise  permanently  im- 
prove for  travel  and  drainage  any  street,  sidewalk,  ave- 
nue and  public  alley  of  the  City;  to  put  down  curbing, 
cross  drains,  and  crossings  on  the  same;  to  lay  out  and 
open  new  avenues,  streets  and  public  alleys,  or  widen  those 
already  open,  and  make  such  improvements  thereon  as 
the  public  convenience  may  require. 

Sec.  3.  No  property  lying  within  the  city  limits: 
shall  hereafter  be  platted  or  laid  off  into  avenues,,  streets, 
alleys,  blocks  and  lots  or  into  any  of  them,  unless  the 
same  is  done  in  compliance  with  the  provisions  herein- 
after in  this  section  mentioned  or  unless  otherwise  here- 
inbefore provided. 

The  owner  or  owners  of  any  proiierty  lying  within 
the  city  limits  shall  present  to  the  City  Manager  for  filing 
a  blue  print  of  the  proposed  avenues,  <^reets,  alleys, 
blocks  and  lots.  Whereupon  within  five  days  after  the 
blue  print  is  presented,  the  City  Manager  shall  determine 
whether  the  proposed  avenues,  streets,  alleys,  blocks  and 
lots  conform  to  the  avenues,  streets,  alleys,  blocks  and 
lots  abutting  thereon.  If  found  to  so  conform,  he  shall 
forthwith  file  the  blue  print  in  his  office,  and  the  owner 
or  owners  of  said  property  may  after  the  filing  as  afore- 
said plat  and  lay  off  said  property  in  accordance  with 
the  blue  print  so  filed. 

Sec.  4.  That  the  City  Council  shall  have  full  power 
and  authority  to  adopt  by  ordinance  such  a  system  of  lay- 
ing out  districts  or  sections  of  streets  and  sidewalks  for 
permanent  improvement,  and  of  equalizing  the  assess- 
ment on  real  estate  to  pay  the  cost  of  such  improvement 
as  may  be  just  and  proper;  and  in  order  to  more  fully 
carry  out  the  duties  imposed  by  the  provisions  of  this 
Charter,  for  street  improvement,  the  City  Council  shall 
have  power  and  authority  to  determine  the  kind  of  such 

26 


impTOveinents  and  the  amount  to  be  expended  therefor,  to 
35ass  ordinances  assessing  the  cost  of  paving,  or 
macadamizing  all  such  streets  and  sidewalks  withiri  any 
such  district  or  section  laid  out  for  improvement  on  the 
real  estate  abutting  on  the  street  or  sidew^alk  or  portion 
thereof  so  paved  or  macadamized,  and  it  shall  be  incum- 
bent on  the  owners  of  the  real  estate  abutting  on  each 
side  of  the  street  or  sidewalk  or  part  thereof  so  improved 
to  pay  the  amount  so  assessed  for  such  improvement,  and 
such  cost  and  charges  shall  be  a  lien  on  all  such  abutting 
property  from  the  commencement  of  the  work,  as  provid- 
ed in  this  Article:  Provided  that  the  City  Council  shall 
not  order  such  improvement  district  or  section  to  be  laic* 
out  until  and  unless  two-thirds  of  the  persons  owning  the 
land  abutting  on  such  street  or  sidewalk  or  public  alley, 
o  the  portion  thereof  proposed  to  be  improved,  shall  request 
in  writing  the  City  Council  to  order  such  improvement  dis- 
trict or  section  to  be  laid  out.  Provided  further,  that  theCity 
out  of  its  general  funds,  shall  pay  one-third  of  the  cost  of 
grading,  curbing  and  paving  and  permanently  improving 
the  streets  except  that  part  required  to  be  paid  for  by  such 
street  railways  as  is  in  this  charter  elsewhere  provided;  and 
City  shall  pay  one-half  of  the  cost  of  grading,  curbing 
and  paving  and  permanently  improving  the  side-walks; 
and  Provided  further,  that  the  cost  of  such  improvement 
shall  be  financed  by  the  issue  of  bonds  as  herein  provided. 
Sec.  5.  That  if  any  street  railroad  company  or 
other  railroad  company  having  tracks  running  through  or 
across  any  street  or  streets  laid  out  as  permanent  im- 
provement districts  or  section,  it  shall  be  incumbent  on 
such  company  to  pave,  re-pave,  macadamize  or  re-macad- 
amize or  otherwise  improve  that  part  of  such  street  or 
streets  covered  by  its  tracks,  the  space 
between  the  double  tracks,  and  at  least  two  feet  on  each 
side  of  each  line  of  track  as  they  are  now  or  may  here- 
after be  constructed  by  any  such  company:  Provided, 
that  the  City  Council,  in  order  to  secure  uniformity  in  the 
workmanship  and  avoid  delay  in  the  progress  of  the  work, 
shall  have  full  power  and  authority  to  pave  or  repave, 
macadamize  or  remacadamize,  or  contrct  for  paving  or 
repaving,  macadamizing  or  remacadamizing,  the  whole 
of  said  space  without  giving  such  street  railroad  com- 
pany or  other  occupant  of  the  street  or  streets,  the  op- 
tion of  having  said  space  paved  or  repaved,  macadamized 
or  remacadamized  by  itself  or  otherwise,  and  the  cost  of 

27 


such  permanent  improvement,  properly  chargeable  to 
such  railroad  company,  shall  be  assessed  upon  the  fran- 
chise or  the  property  of  said  railway  company  located  in 
said  City,  and  special  tax  levies  made  thereon  for  the  pur- 
pose of  collecting  same  in  the  manner  herein  elsewhere 
provided  for  the  assessment  and  levy  upon  other  prop- 
erty so  improved. 

Sec.  6.  All  companies,  corporations  and  persons 
having  franchises  or  permits  to  use  the  streets  of  the 
City  for  laying  railway  tracks,  pipes  or  conduits,  and  for 
other  purposes  requiring  the  excavation  of  the  streets, 
sidewalks  and  public  alleys,  shall  be  notified  by  the  said 
Council  when  any  street  is  to  be  permanently  improved 
and  given  a  reasonable  opportunity  to  lay  said  railways, 
pipes  or  conduits,  or  do  such  work  as  they  may  be  author- 
ized to  do  under  said  franchises,  and  in  case  any  such 
company,  corporation  or  persons  fail  to  lay  said  railway, 
or  pipes,  or  to  do  said  work  before  such  permane"nt  im- 
provements are  made,  they  shall  not  be  permitted  to  do  so 
thereafter  except  under  the  condition  that  they  shall  pay 
such  reasonable  proportion  of  the  original  cost  of  sucL 
permanent  improvement  as  may  be  fixed  by  the  City 
Council. 

Sec.  7.  That  in  order  to  equalize  the  assessments  on 
real  estate  for  the  purposes  described,  as  elsewhere  pro- 
vided in  this  article,  the  City  Council  shall,  before  the 
commencement  of  any  such  work  or  improvement,  esti- 
mate the  total  cost  of  such  improvement  to  be  made 
throughout  the  entire  length  of  such  work  or  improve- 
ment, and  then  shall  pro  rate  the  cost  thereof  on  the  real 
estate  abutting  thereon  in  proportion  to  the  frontage  on 
the  street  or  portion  of  the  street  so  improved,  and  charge 
to  and  assess  upon  each  side  of  the  street  upon  which  said 
work  is  done  its  pro  rata  share  of  the  cost  of  all 
such  improvements  as  may  be  made  under  the  provisions 
of  this  article:  Provided,  however,  in  order  to  avoid 
obstructing  lot  owners  in  subdividing  and  selling  their 
property  by  reason  of  the  liens  hereby  created  upon  the 
same,  such  lot  owners  may  subdivide  their  lots  in  such 
manner  as  they  see  fit,  subject  to  the  provisions  of  Sec- 
tion 3  of  this  article,  and  shall  file  in  the  office  of  the  City 
Manager  a  plat  of  the  subdivision,  making  the  lots  front- 
ing on  the  streets  so  paved  or  improved  of  any  desired 
frontage,  but  not  less  than  one  hundred  feet  in  depth,  and 
the  assessment  made  and  the  liens  created  by  virtue  of  this 
act  for  street  improvement  shall  thereafter  affect  and  at- 

28 


tach  to  such  front  lots  only,  not  less  than  one  hundred  feet 
in  depth,  and  where  in  any  such  cases  lands  fronting  on 
such  improvements  are  so  subdivided  into  lots,  each  of  said 
lots  fronting  on  such  improvements  shall  be  and  remain 
chargeable  with  its  ratable  proportion  of  said  assessment 
and  liens  according  to  its  frontage ;  that  the  City  Council 
shall  cause  to  be  established  a  permanent  grade  on  any 
such  street,  sidewalk  or  public  alley  so  improved,  and 
shall  cause  any  such  street,  sidewalk  or  public  alley  to  be 
accurately  surveyed,  and  a  map  to  be  made  of  the  various 
lots  and  properties  abutting  on  such  street,  sidewalk  or 
alley,  or  portion  thereof  so  proposed  to  be  improved, 
showing  the  exact  frontage  of  each  lot,  and  also  the  sub 
divisions,  if  any,  and  the  said  map  shall  be  filed  with  the 
City  Manager  and  be  subject  to  public  inspection;  and 
when  the  assessments  and  liens,  as  provided  for  in  this 
Article,  shall  have  been  made  upon  the  various  lots  and 
properties  on  the  streets,  sidewalks  or  alleys,  the  City 
Manager  shall  write  upon  said  map  the  amount  assessed 
upon  the  same,  and  he  shall  keep  a  properly  indexed  rec- 
ord book  showing  such  assessments  and  liens,  and  the 
date  and  amount  of  all  payments  made  on  any  of  the  said 
assessments  and  liens;  Provided,  further,  where  perma- 
nent street  improvements  shall  be  made,  the  property 
bearing  such  assessments  shall  not  be  assessed  again  un- 
til after  the  expiration  of  ten  years  from  the  date  of  the 
last  preceding  assessment:  Provided,  further,  that  in 
case  any  street  or  part  of  a  street  laid  out  as  a  district  for 
permanent  improvement  is  of  such  unequal  width  or  cost 
of  material  as  to  render  the  plan  of  equalization  of  as- 
sessments as  above  set  out,  unjust  to  any  abutting  prop- 
erty, then  in  that  case,  the  City  Council  is  authorized  to 
divide  such  district  into  subdivisions  and  to  apply  the 
rule  of  equalization  of  assessments  prescribed  herein  to 
such  subsections,  instead  of  to  the  entire  district  or  sec- 
tion; and  the  City  Council  may  make  as  many  subsec- 
tions as  may  be  necessary  to  make  a  just  distribution  of 
the  cost  of  permanent  improvement  made  or  to  be  made 
in  such  district.  The  cost  of  all  such  improvements  shall 
be  financed  by  the  issue  of  bonds  and  the  levy  of  a  special 
tax  to  pay  the  same  and  the  interest  thereon,  as  herein- 
after provided. 

Sec.  8.  That  -the  notice  of  the  assessment  by  the 
City  Conucil,  as  herein  elsewhere  provided  in  this  article, 
against  abutting  property  on  any  street,  sidewalk,  or 
public  alley  in  any  such  improvement  district  or  section 

29 


shall  be  given  at  least  once  a  week  for  two  weeks  in  some 
newspaper  published  in  the  City  of  Hickory,  which  no- 
tice shall  state  the  time  and  place  that  such  assessments 
are  to  be  made  and  determined ;and  shall  notify  all  persons 
interested  in  such  assessment  to  appear  and  show  cause,  if 
any,  why  such  assessment  shall  not  be  made;  and  in  the 
event  the  owner  of  such  lot  or  lots  is  an  infant,  idiot, 
lunatic,  or  incempetent,  then  his  general  guardian,  if  he 
has  such,  shall  act  for  him ;  if  he  has  none,  it  shall  be  th 
duty  of  the  Clerk  of  the  Superior  Court  of  Catawba  Coun- 
ty to  appoint  a  guardian  ad  litem  to  act  for  him.  That 
any  person  who  shall  feel  aggrieved  by  the  findings  of 
said  Council,  with  reference  to  said  assessment  for  such 
permanent  improvements,  shall  have  the  right  within  ten 
days  after  such  findings  of  said  Council,  and  not  after 
that  time,  to  file  his  objections  to  such  findings,  and  to 
appeal  from  the  decision  of  said  Council  to  the  next  term 
of  the  Superior  Court  of  Catawba  County,  by  serving 
upon  said  City  notice  in  writing  of  his  intentions  so  to 
do,  and  specifying  in  said  notice  the  grounds  of  his  objec- 
tions to  said  findings  and  by  filing  within  the  time  pre 
scribed  for  taking  appeals  in  the  office  of  the  Clerk  of 
the  Superior  Court  of  Catawba  County,  a  written  under- 
taking in  at  least  the  sum  of  two  hundred  dollars,  with 
sufficient  surety  to  be  justified  before  and  approved  by 
said  Clerk  to  the  effect  that  said  appellant  will  pay  to 
said  City  all  such  costs  and  damages  as  it  may  sustain  by 
reason  of  said  appeal;  in  such  cases  of  appeal  from  the 
City  Council,  the  ordinance  laying  out  the  improved  dis- 
trict, the  action  of  the  said  Council  m  determining  the  as- 
sessment, the  objections  of  the  property  owner  filed  there- 
to, and  all  other  papers  material  to  the  matter  shall  con- 
stitute the  case  on  appeal  and  be  certified  by  the  City 
Manager  to  the  Superior  Court,  and  shall  be  docketed  on 
the  civil  docket  and  stand  at  issue  as  other  civil  cases  reg- 
ularly brought  in  such  court,  with  leave  to  either  party 
to  file  such  pleadings  and  papers  as  he  may  deem  neces- 
sary; if  all  the  issues  be  found  in  favor  of  the  appellant 
on  such  appeal,  as  above  provided  for,  the  lien  for  said 
assessments  shall  be  discharged ;  if,  however,  the  issue,  or 
any  of  them,  be  found  in  favor  of  the  City  of  Hickory,  to 
any  amount,  then  judgment  shall  be  rendered  in  favor  of 
said  City  for  such  amount,  to  the  end  that  no  merely  tech- 
nical objections  shall  defeat  the  rip-hts  of  the  City;  and 
the  amounts  so  found  together  with  the  cost  of  such  ap- 
peal, which  cost  shall  be  assessed  as  costs  in  other  civil 

30 


actions,  shall  be  and  continue  a  lien  against  the  property 
upon  which  the  original  assessment  was  placed,  from 
the  date  of  the  findings  of  said  City  Council,  and  shall  be 
collected  by  the  City  Manager  of  the  City  of  Hickory,  as 
elsewhere  in  this  article  provided. 

Sec.  9.  That  in  lieu  of  notice  of  publication  to  prop- 
erty owners  affected  by  improvements  to  abutting  real 
property  as  elsewhere  provided  in  this  article,  the  City 
Council,  if  it  so  determines,  may  give  ten  days'  personal 
notice  to  all  persons  affected  by  any  permanent  improve- 
ments for  which  a  charge  is  to  be  made  on  real  estate,  to 
appear  before  said  City  Council  at  a  certain  time  and 
place  to  show  cause,  if  any,  why  such  assessment  should 
not  be  made,  which  notice  may  be  served  by  any  police- 
man of  the  City  of  Hickory,  or  any  other  proper  officer. 

Sec.  10.  This  article  shall  be  construed  to  make  it 
mandatory  on  the  City  Council  to  require  abutting  prop- 
erty owners  to  pay  their  pro  rata  share  of  the  cost  of  ma- 
cadam, bithulithic,  asphalt,  vitrified  brick,  sand 
clay,  top  soil  and  other  permanent  pavements 
assessed  against  the  abutting  property,  as  else- 
where provided  for  in  this  article:  Provided,  further, 
that  nothing  in  this  article  shall  be  construed  to  make 
it  mandatory  on  the  City  Council  to  issue  bonds  to  finance 
the  construction  of  sidewalks,  but  said  City  Council  may 
require  the  construction  of  sidewalks  and  charge  one-half 
the  cost  of  same,  including  curbing,  to  the  abutting  prop- 
erty, the  property  on  each  side  of  the  street  pay  or  bear 
one-half  the  costof  the  sidewalk  on  its  respective  side,  which 
cost  shall  be  a  lien  on  the  abutting  property,  as  herein 
elsewhere  provided,  and  paid  immediately,  or  as  soon 
thereafter  as  practicable,  by  the  property  owners,  and  not 
by  an  issue  of  bonds  as  is  elsewhere  provided,  if  the  City 
Council  so  determine,  and  such  charge  or  assessment  shall 
be  enforced  and  collected  by  the  City  Manager  by  the 
sale  of  the  abutting  property  specially  benefitted  in  the 
same  manner  as  real  estate  is  sold  for  taxes. 

Sec.  11.  As  soon  as  the  amount  chargeable  to  real 
estate  abutting  on  the  street,  avenue  or  public  alley  to  be 
so  improved,  as  is  provided  in  other  sections  of  this  arti- 
cle, is  finally  determined  by  the  City  Council,  and  after 
the  contract  is  let  for  any  such  work  or  improvement,  the 
City  Council  may  cause  a  notice  to  be  published  once  a 
week  for  two  weeks  in  some  newspaper  published  in  the 
City  of  Hickory,  substantially  in  the  following  form : 

31 


"STREET  IMPROVEMENT  NOTICE." 
"Notice  is  hereby  given  that  a  contract  has  been  let 
for  (describing  work  and  street,  sidewalk  or  alley),  and 
that  the  improvement  chargeable  to  the  abutting  real 
estate  has  been  determined  as  to  each  parcel  of  said  real 
estate,  and  a  statement  of  the  same  is  on  file  with  the 
City  Manager.  It  is  proposed  to  issue  bonds  chargeable  to 
the  said  real  estate  to  pay  the  special  assessments,  and 
such  bonds  will  be  issued  covering  all  of  said  assessments 
except  in  cases  where  the  owners  of  property  file  with 
the  City  Manager,  within  the  time  stipulated  in  said  no- 
tice, a  written  notice  that  they  elect  to  pay  the  special 
assessments  on  their  property,  describing  the  same." 

Sec.  12.  After  the  expiration  of  the  time  fixed  for 
filing  notice  of  election  to  pay  the  special  assessment  as 
provided  in  the  preceding  section,  the  City  Council  may 
issue  improvement  bonds  covering  all  of  the  assessments, 
except  such  as  the  owners  have  filed  notice  of  election  to 
pay,  as  stated  in  the  preceding  section,  which  bonds  shall 
be  of  corresponding  amounts  and  known  as  "Street  Im- 
provement Bonds" ;  shall  comprise  ten  equal  series ;  each 
series  shall  consist  of  a  like  number  of  bonds,  and  shall 
bear  interest  not  to  exceed  six  per  cent,  per  annum ;  and 
shall  be  sold  for  not  less  than  par ;  and  shall  be  signed  by 
the  City  Council  and  attested  by  the  City  Manager;  and 
shall  contain  such  recitals  as  may  be  necessary  to  show 
that  they  are  chargeable  to  particular  property ;  and  may 
be  sold  at  either  public  or  private  sale;  and  the  interest 
upon  the  said  bonds  shall  be  payable  semi-annually,  and 
each  installment  of  interest  shall  be  represented  by  cor- 
responding coupons;  the  respective  series  of  the  said 
bonds  shall  be  payable  annually,  and  the  last  series  there- 
of shall  be  payable  not  execeeding  ten  years  from  the 
date  of  their  issue;  the  proceeds  collected  by  the  City 
Treasurer  shall  be  paid  to  the  contractor  when  due  him, 
or  the  contract  may  provide  that  the  contractor  shall  take 
bonds  as  payment  on  his  contract,  at  not  less  than 
their  par  value,  the  contractor  to  be  charged 
with  accrued  interest;  at  the  date  of  each  tax 
levy  after  the  issuance  of  any  such  bonds  until 
all  of  them  are  paid,  when  the  tax  roll  or  levy 
for  the  year  is  prepared,  sufficient  special  assessments  of 
taxes  on  each  parcel  of  land  covered  by  said  bonds  to  pay 
the  annual  instalment  of  the  principal  and  interest  on  the 
amount  of  such  special  assessments  then  uapaid,  shall  be 
included  in  the  tax  levy  or  roll,  as  a  special  tax  on  said 
property,  and  thereafter  this  tax  shall  be  treated  in  all 

32 


i:'eSpfects  as  any  otli^r  city  tax,  id  be  collected  in  the  same 
manner  and  constitute  a  lien  on  the  property  affected,  and 
in  every  respect  the  same  as  other  taxes.  The  provisions 
of  sub-section  (m)  of  Section  thirteen  of  Article  IV  shall 
not  apply  to  the  issuance  of  bonds  in  accordance  with  the 
provisions  of  this  section. 

Sec.  13.  That  all  funds  derived  from  assessments 
hereafter  levied  by  the  City  Council  of  the  City  of  Hick- 
ory upon  private  property  on  account  of  the  improvement 
of  the  streets  upon  which  such  property  abuts  shall  when 
collected  and  received  by  the  City  of  Hickory,  constitute 
a  special  fund,  to  be  designated  as  ''Street  Improvement 
I^und,"  and  the  same  shall  be  kept  separate  from  all  other 
funds  of  the  City,  and  a  separate  record  thereof  shall  be 
kept  by  the  City  Manager  and  said  funds  and  every  part 
thereof  shall  be  appliea  by  the  City  Council,  exclusively, 
td  thfe  payment  of  the  said  bonds  and  interest  on  Same  Ot 

^xaj^mfeht  r^t  said  wdi-k 

Sec.  14.  The  City  C^Vincil  shall  haVe  power  to  con- 
trol, glfade,  macadamize,  cleanse,  and  pave  and  repair  the 
fetlfeetS  and  sideWalks  of  the  City  and  make  such  improVe- 
hiente  thereon  as  it  may  deem  best  for  the  public  good, 
and  may  provide  for  and  regulate  lighting  of  the  public 
parks  and  streets,  and  regulate,  control,  license,  prohibit 
and  prevent  digging  in  said  streets  and  sidewalks,  or 
placing  therein  of  pipes,  pol6s,  Wites;  fixtures,  and  ap- 
pliances of  every  kind,  whether  on,  above  or  below  the 
dilf face  thereof,  and  regulate  and  (ionti*ol  the  Use  thereof, 
remove  obstructions,  encroachments,  pollution  oi*  litter 
therein,  and  shall  have  under  their  government,  manage- 
nient  and  control  all  parks  and  squares  within  or  without 
the  city  limits  established  now  or  hereafter  to  be  estab- 
lished oy  the  City  Council  folf  the  use  of  the  City. 

SeC.  is.  The  City  Council  shall  have  power  to  pro- 
hibit cellar's  6f  fentranc&S  tO  cellars  under  the  sidewalks  of 
the  city,  6f  any  obstt-Uction  upon  the  streets  OY  sidewalks 
thelt^eof. 

SeC.  16.  When  any  land  or  right  of  way  shall  be 
Required  for  the  purpose  of  opening  new  streets,  or  wid- 
ening or  changing  thosfe  already  opened,  or  other  subjects 
allowed  by  this  charter,  and  the  compensation  therefor 
tan  not  be  agreed  upon  by  the  owner  or  owners  and  the 
City  Council,  the  same  may  be  condemned  and  taken  by 
the  City  Council  at  a  valuation  to  be  made  by  three  disin- 
terested freeholders  of  the  City,  one  of  whom  shall  be 
chosen  by  the  City  Council  and  one  by  the  owner  or  own- 
ers and  in  case  these  two  do  not  agree,  then  the  two  thus 
chosen  shall  select  a  third,  and  in  case  the  owner  or  own- 

33 


ers,  or  any  of  them,  fail  or  refuse  to  choose  a  freeholder, 
as  above  provided,  for  five  days  after  being  notified  so  to 
do,  then  it  shall  be  the  duty  of  the  City  Council  to  appoint 
a  disinterested  freeholder  to  act  on  the  part  of  said  owner 
or  owners.  In  case  the  two  first  chosen  shall  fail  or  re- 
fuse to  choose  a  third  freeholder,  then  it  shall  be  the  duty 
of  the  City  Council  to  choose  or  select  the  third 
freeholder.  In  making  the  valuation,  said  freeholders, 
after  giving  the  owner  or  owners  or  their  agent  notice,  or 
giving  a  notice  by  publication  in  two  issues  of  a  weekly 
newspaper  published  in  the  City  of  Hickory  in  case  the 
owner  can  not  be  found  in  the  city,  and  after  being  duly 
sworn  to  act  impartially  and  fairly,  shall  take  into  con- 
sideration the  loss  or  damage  which  may  accrue  to  the 
owner  or  owners  in  consequence  of  the  land  or  right  of 
way  being  surrendered,  also  such  benefit  or  advantage 
such  owner  or  owners  may  receive  from  the  opening, 
widening  or  changing  of  such  streets  or  other  public  im- 
provements,, and  ascertain  the  sum,  if  any,  which  shall  be 
paid  to  the  owner  or  owners  of  said  property,  and  report 
the  same,  in  writing  over  the  signature  of  any  two  of 
them,  to  the  City  Council,  which  report  on  being  confirm- 
ed by  the  council  and  spread  upon  its  minutes,  shall  have 
the  eflTect  of  a  judgment  against  the  City  of  Hickory,  and 
shall  pass  title  of  the  land  so  taken  to  the  City  of  Hickory, 
and  the  land  so  taken  may  at  once  be  used  by  the  City 
for  the  purposes  intended:  Provided,  that  if  either  the 
owner  or  owners  whose  land  is  taken  or  the  City  Council 
shall  be  dissatisfied  with  the  valuation  thus  made,  either 
party  may  appeal  to  the  next  term  of  the  Superior  Court : 
Provided,  however,  that  such  appeal  shall  not  hinder  or 
delay  the  City  Council  in  opening  or  changing  such  street 
or  making  such  improvement. 

Sec.  17.  Every  male  resident  in  said  City  between 
the  ages  of  eighteen  and  forty-five  shall  be  liable  to  work 
the  streets  and  public  places  of  the  City  under  the  direc- 
tion of  the  City  Manager  not  more  than  four  days  each 
year,  unless  he  shall  obtain  from  the  City  Manager  a  cer- 
tificate of  exemption  therefrom,  for  which  he  shall  pay 
such  sum  as  may  be  annually  fixed  by  the  City  Council, 
not  exceeding  two  dollars. 

ARTICLE  IX. 

POLICE  POWERS  AND  POLICE  DEPARTMENT. 

Section  1.  The  City  of  Hickory  shall  have  power, 
by  ordinance  duly  passed,  to  establish  and  maintain  the 
City  police  department,  prescribe  the  duties  of  policemen 

34 


and  regulate  their  conduct. 

(a)  To  permit,  forbid  or  regulate  theatres,  balls, 
dance  houses,  moving  picture  shows,  circuses  and  other 
public  amusements,  and  to  suppress  the  same  whenever 
the  preservation  of  order,  tranquility,  public  safety  or 
good  morals  may  demand  . 

(b)  To  suppress  gambling  houses  and  to  punish 
keepers  and  patrons  thereof,  to  punish  all  persons  who 
play  cards  or  games  of  chance  of  any  kind  for  gain,  and 
to  punish  persons  who  sell  lottery  tickets  or  who  adver- 
tise lottery  drawings  or  schemes  and  results  of  drawings 
of  lottery. 

(c)  To  regulate,  control,  and  prohibit  the  keeping 
and  management  of  houses  or  any  building  used  for  the 
storage  of  gun  powder  and  other  combustible,  explosive 
or  dangerous  materials  within  the  City,  and  to  regulate 
the  keeping  and  conveying  of  the  same,  and  to  authorize 
and  regulate  the  laying  of  pipes  and  the  location  and  con- 
struction of  houses,  tanks,  reservoirs,  and  pumping  sta- 
tions for  the  storage  of  oil  and  gas. 

(d)  To  define  nuisances  and  prevent  and  abate  the 
same  whether  on  public  or  private  property,  and  to  abate 
such  nuisances  by  summary  proceedings,  and  to  punish 
the  authors  or  keepers  thereof  by  penalties,  fines  and  im- 
prisonment. 

(e)  To  regulate,  restrain  and  prohibit  the  running 
or  going  at  large  of  horses,  mules,  cattle,  sheep,  swine, 
goats,  chickens  and  all  other  animals  and  fowl  of  what- 
ever description,  and  to  authorize  the  distraining  and  im- 
pounding and  sale  of  the  same  for  the  costs  of  the  pro- 
ceedings and  the  penalty  incurred,  and  to  order  their  de- 
struction when  they  can  not  be  sold,  and  to  impose  pen- 
alties on  the  owners  or  keeners  thereof  for  the  violation 
of  any  ordinance  or  regulation  of  said  City  Council,  and 
to  prevent,  regulate  and  control  the  driving  of  cattle, 
horses  and  all  other  animals  into  or  through  the  streets 
of  the  City. 

(f)  To  establish  maximum  rates  for  all  kinds  of 
transportation  within  the  city  limits  and  to  prevent  ex- 
tortion ;  to  regulate  and  to  prohibit  the  blowing  of  whis- 
tles of  railroad  engines  or  locomotives  within  the  city  lim- 
its, and  to  regulate  the  sDeed  of  railroad  engines  and 
locomotives  within  said  limits ;  to  perserve  order  and  pre- 
vent noise  and  confusion  in  or  about  the  depot  on  arrival 
and  departure  of  trains,  and  to  provide  how  and  where 
hacks  or  other  carriers  shall  stand  or  take  their  position 

35 


upon  the  streets  or  adjacent  or  near  to  saicj  depot ;  and  to 
provide  and  fix  by  ordinance  public  stands  where  hacks 
and  drays,  baggage  wagons  or  other  public  carriers  shall 
stand  on  the  streets  for  the  purpose  of  soliciting  business, 
and  to  prescribe  that  they  shall  not  stand,  excepting  when 
discharging  or  receiving  passengers  or  freight,  at  any 
points  other  than  those  designated  in  the  grdinanqe  a? 
public  stands, 

(g)  Tq  restrain  and  prohibit  the  ringing  of  bell* 
or  blowing  qf  horns,  bugles  and  whistles,  crying  of  goocls 
or  other  noises,  practices  or  performances  tending  to  th^ 
collection  of  persons  on  the  streets  or  sidewalfe,  by  auc- 
tioneers and  others,  fqr  the  purpose  of  business,  amuser 
ment  or  otherwise,  ex;cept  judicial  sales,  sal^s  for  taxe» 
and  the  Uke;  to  prohibit  beggars,  mendicants  or  persons 
of  infirm  or  maimed  bodies  or  suffering  with  diseases  of 
any  kind  from  soliciting  alms,  help  or  assistance  upqn 
the  streets  or  sidew^alks  of  the  city,  and  to  prescribe  a 
penalty  by  fine  for  non-observance  thereof;  to  regulate 
the  use  of  automobiles,  motor  cars,  motorcycles  or  any 
other  motor  vehicles  and  the  speed  thereof,  to  prescribe 
the  proper  lighting  of  same,  when  used  at  night,  and 
to  prescribe  the  qualifications  required  of  those  using 
same  upon  the  streets  of  the  City  and  tq  issue  permits  for 
the  use  of  such  vehicles. 

(h)  To  prevent  all  boxing  matches,  sparring  exhi- 
bitions and  punish  all  persons  engaging  therein;  to  pre- 
vent cockfighting  and  dog  fighting,  and  to  punish  all  perr 
sons  instigating  or  encouraging  same. 

(i)     To  prohibt  and  punish  the  abuse  of  animals. 

(j)  To  license,  tax  and  regulate  trades,  occupations 
and  professions. 

(k)  To  prohibit  bawdy  houses  and  punish  keepers, 
inmates  and  patrons  thereof,  and  owners  of  bulldlnjgs 
used  for  immoral  purposes;  to  prohibit  variety  shows 
and  to  punish  participation  therein;  to  prohibit,  prevent 
and  suppress  assignation  houses  and  houses  of  111  fame, 
to  determine  such  Inmates  and  keepers  to  be  vagrants, 
and  to  provide  for  the  punishment  of  such  persons, 

(0  To  require,  on  due  notice,  all  steam  or  street 
railway  companies  owning  tracks  within  the  City  limits, 
upon  public  streets  or  highways  of  said  City,  which  have 
been  or  may  hereafter  be  abandoned  by  said  companies  by 
nonuse,  to  remove  such  tracks  and  to  restore  at  their  ex- 
pense the  street  or  way  unon  which  abandoned  track  is 
located  to  its  former  condition. 

36 


(m)  Tq  control  and  regulate  the  location  and  use 
of  all  kinds  of  steam  engines  and  steam  boilers  in  the 
City,  and  prescribe  the  qualifications  of  persons  operating 
and  running  same,  and  to  adopt  such  rules  and  regula- 
tions in  relation  theretQ  ag  may  seem  best  for  the  public 
safety  an  (J  comfort, 

(n)  To  direct,  aontrol  and  prohibit  the  laying  of 
railrpad  tracks,  turn  outs  an^  switches  in  the  streets,  ave- 
nues and  alleys  of  the  City  unless  the  same  shall  have 
been  authorized  by  ordinance,  and  to  require  that  all  rail- 
roads, turn  outs  and  switches  shall  be  so  constructed  as 
not  to  interfere  with  the  drainage  of  the  City  and  with 
the  ordinary  travel  and  use  of  the  streets,  avenues  and 
alleys  in  said  City,  and  to  construct  and  keep  in  repair 
suitable  crossings  and  gates  at  the  intersection  of  streets 
avenues  and  alleys  and  suitable  ditches,  sewer  and  cul- 
verts, where  the  City  Council  shall  deem  it  necessary. 

(o)  To  make  such  rules  and  regulations  in  relation 
to  butchers,  bakers  ancj  dairyman  as  they  jway  deem  nee 
essary  and  proper,  to  establish  and  erect  markets  and 
"market  houses,  and  designate,  control  and  regulate  market 
places  and  houses,  dairies  and  bakeries,  whether  kept 
•within  or  without  the  City  limits,  from  which  meat, 
bread,  or  milk  is  offered  for  sale  within  the  City  limits, 
and  to  punish  the  owners  or  keepers  thereof  for  the  vio- 
lation of  any  ordinance  or  regulation  of  the  City  Council, 
by  penalties,  fines  and  imprisonment. 

(p)  To  prohibit  and  punish  by  fine  the  wilful  intro- 
duction into  the  City  by  railroads  or  other  carriers  of 
paupers  or  persons  afflicted  with  contagious  diseases. 

(q)  To  license,  tax,  regulate,  control,  restrict  and 
prohibit  the  use  of  and  explosion  of  dynamite,  f^re  crack- 
ers or  other  explosives  or  f^re  works  of  any  and  every 
kind,'  whether  incliided  in  the  above  enumeration  or  not, 
and  the  sale  of  same,  and  all  noises,  amusements  or  other 
practices  or  performances  tending  to  annoy  persons  or 
frighten  persons  c&  teams,  and  the  collection  of  persons 
on  the  streets  or  sidewalks  or  other  public  places  in  the 
City,  whether  for  purposes  of  amusement,  business,  curi- 
osity or  otherwise. 

(ee)  To  inspect  the  construction  of  all  buildings  in 
the  City,  and  prescribe  and  enforce  proper  regulations  In 
regard  thereto,  and  regulate  and  locate  or  prohibit  the 
erection  of  all  poles  in  the  City,  and  cause  the  same  to  be 
chano-ed. 

Sec.  2.  The  police  department  of  the  City  shall  be  com- 

37 


posed  of  the  Chief  of  Police  and  as  many  officers  and  pa- 
trolmen as  shall  be  from  time  to  time  provided  by  ordi- 
nance of  the  City  Council. 

Sec.  3.  The  Chief  of  Police,  acting  under  the  City 
Manager,  shall  be  responsible  for  the  discipline  and  effi- 
ciency of  the  police  force.  All  orders  shall  pass  through 
him,  except  so  far  as  the  rules,  regulations  and  orders  of 
the  City  Council  authorize  orders  to  be  given  direct  to 
any  subordinate  on  the  police  force.  In  addition  to  the 
power  of  dismissal  vested  in  the  chief,  any  member  of  the 
force,  including  the  chief,  may  be  removed,suspended  or 
fined  by  the  City  Manager  upon  proper  cause  shown,  and 
in  cases  where  a  fine  is  imposed,  it  may  in  the  discretion 
of  the  City  Manager  be  deducted  from  the  oflftcer's  pay, 
and  a  person  may  be  appointed  by  the  City  Manager  to 
discharge  the  duties  of  such  suspended  oflftcer  or  member 
until  the  grounds  of  such  suspension  can  be  inquired  into 
by  the  City  Council ;  and  it  shall  be  the  duty  of  the  City 
Manager  to  report  in  writing  the  dismissal,  suspension  or 
fine  within  three  days,  with  the  reasons  therefor,  to  the 
City  Council,  and  also  furnish  such  dismissed,  suspended 
or  fined  officer  or  member  with  a  copy  thereof  within  like 
time.  Whereupon  the  City  Council  shall  hear  and  deter- 
mine any  and  all  charges  against  the  officer  or  member  of 
the  police  force. 

Sec.  4  In  case  of  emergency  the  City  Manager  shall 
have  power  to  appoint  additional  officers  and  patrolmen 
for  temporary  service,  but  the  length  of  time  for  which 
such  additional  officers  or  patrolmen  shall  be  employed 
shall  be  limited  to  the  time  during  which  such  emerge!icy 
may  exist. 

Sec.  5.  The  police  force  shall  preserve  the  peace, 
protect  persons  and  property,  obey  and  strive  to  enforce 
so  far  as  it  has  power,  all  the  ordinances  of  the  City  and 
all  criminal  laws  of  the  State  and  the  United  States ;  and 
each  member  thereof  shall  wear  a  badge  and  uniform 
while  on  duty,  so  that  the  people  may  recognize  him  as  a 
peace  officer :  Provided,  the  City  Council  may  provide  for 
special  ununiformed  officer  or  officers. 

Sec.  6..  The  Chief  of  Police  and  each  member  of 
the  police  force  shall  have  power  and  authority  to  pre- 
serve the  peace  within  the  City.  They  shall  execute  all 
process  directed  to  them  by  the  Municipal  Judge  of  the 
City  and  all  civil  and  criminal  process  directed  to  them 
by  a  justice  of  the  peace  or  other  lawful  officer  in  said 
irrisdiction. 


Sec.  7.  The  Chief  of  Police  shall  give  bond  in  such 
sum  as  the  City  Council  shall  prescribe  for  the  faithful 
discharge  of  the  duties  of  his  office  and  for  a  faithful  ac- 
count of  all  moneys  that  may  come  into  his  hands  by  vir- 
tue of  his  office.  It  shall  be  his  duty  to  attend  the  Munici- 
pal Court  each  day  and  report  any  violation  of  law  or 
ordinance  of  the  City;  to  collect  all  fines  and  penalties 
imposed  and  pay  the  same  to  the  Clerk  of  the  Municipal 
Court;  to  execute  the  process  and  judgments  of  said  court, 
and  to  perform  such  other  duties  as  may  be  required  of 
him  by  law  and  by  the  rules  and  regulations  of  the  City 
Council  or  City  Manager. 

Sec.  8.  The  salary  of  the  Chief  of  Police  and  the 
compensation  of  the  other  officers  and  patrolmen  of  th^ 
Police  Department  shall  be  fixed  by  the  City  Council,  and 
they  shall  receive  no  other  compensation  for  their  ser- 
vices. All  fees  now  and  heretofore  prescribed  to  be  taxed 
as  their  costs  shall  be  paid  to  the  Clerk  of  the  Municipal 
Court. 

ARTICLE  X. 

HEALTH  AND  HEALTH  DEPARTMENT. 

Section  1.  The  City  of  Hickory  shall  have  power, 
by  ordinance  duly  passed,  to  regulate  burial  grounds, 
crematories  and  cemeteries,  and  to  prohibit  burial  within 
the  City  limits,  if  deemed  advisable  or  if  found  necessary 
to  protect  the  public  health.  The  City  of  Hickory  shall 
have  power  to  acquire  land  and  grounds  inside  or  outside 
ef  the  City  limits,  by  purchase,  gift  or  otherwise,  to  be 
devoted  and  used  for  the  purpose  of  a  public  and  private 
cemetery,  and  to  pass  such  suitable  regulations 
concerning  the  burial  of  the  dead  in  such  cemetery 
and  make  such  suitable  regulations  for  the  private  sale  of 
lots  therein  as  may  be  deemed  proper  by  the  City  Coun- 
cil ;  and  the  said  City  shall  have  power  tcf  appropriate  pri- 
vate property  lying  within  or  without  the  City  limits  to 
be  used  and  devoted  for  cemetery  purposes,  as  herein 
stated,  by  condemnation  proceedmgs  brought  for  such 
purpose,  and  in  all  such  cases  the  proceedings  had  to  con- 
demn shall  conform  to  provisions  hereinbefore  contained 
for  condemnation  of  land  for  streets  in  Article  VIII,  Sec. 
16. 

Sec.  2.  The  said  City  shall  also  have  power,  by  or- 
dinance duly  passed,  to  condemn  as  nuisances  all  build- 
ings, cisterns,  wells,  privies  and  other  erections  in  the 
City  which  on  inspection  shall  be  found  to  be  unhealthy, 
unsanitary  or  dangerous   to   persons   or   property,    and 

39 


cause  the  same  to  be  abated  or  removed,  at  the  e:JCpenge  of 
the  owner,  unless  the  owner  thereof,  at  his  or  her  own  ex- 
pense, upon  notice  and  with  the  sanction  and  authority 
of  the  City  Council,  shall  reconstruct  the  same  in  such  a 
manner  as  shall  be  prescribed  by  the  laws  of  the  City; 
and  as  to  all  buildings,  cisterns,  wells,  privies  and  other 
private  improvements  to  be  constructed  in  future,  they* 
shall  have  the  power  and  it  shall  be  their  duty  to  have 
the  same  so  constructed  as  not  to  interfere  with  the  health 
of  persons  or  the  safety  of  persons  or  property  Withiii 
the  Cit^i 

Sec.  3.  The  City  of  Hickory  shall  h^Vd  th^  right 
and  power  by  ordinance  to  provide  that  the  tenant  Qf 
owner  of  anv  property  shall  p^y  to  the  City  I'eagc^n^ble 
charges  fol*  the  removal  of  night  soil  or  other  refuse  mat^ 
ter  from  the  doSetS  Or  thi  ptinilaes  thei'gdf^  and  id  pi'o- 
hibit  anydnei  fix^fept  feom§  dnfi  ih  the  eiilploy  of  the  City 
or  by  the  City  atithot*ized  to  do  so,  from  remoVmg  of  cdi'-' 
ryirig  away  the  cdntent^  of  any  priVy^  Valilt  ot*  Watei* 
closet  dl-  ahy  i^e^eptacle  of  human  e3fcrem6nt|  and  th^ 
City  shall  have  th§  right  to  haVe  iri^pecited  the  pt*femises 
of  kW  pef§on§,  at  any  hour  during  th6  day  time,  ni  ths 
interest  of  public  health;  and  for  the  purpose  of  making 
such  inspection  the  officer^  oi*  agents  of  the  City  duly  au- 
thorized to  Ad  feo  §hail  have,  the  right  to  enter*  upon  th^ 
premises  of  any  person  at  any  hour  during  the  dav  tim^ 
td  make  said  inspection.  WheneVe?  notice  is  giVen  by  any 
6fficer  or  employee  of  the  City  inspecting  any  premises 
that  said  premises  need  cleaning,  the  said  night  soil  oi* 
other*  refuse  matter  shall  be  removed  and  the  owner  of 
tenant  of  said  pfemises  shall  pay  to  the  City  th^  pric6  pi*^-« 
scHbed  therefoi^,  and  failure  td  do  ,sq. shall  subject  said 
pe^^ons  ta  the  penalties  t6  be  pf 6gei*ibed  by .  ordipane^^ 
and  said  perfeOns  shall  be  fined  upon  cdnViction  in  th^ 
hiunicipal  cduft.  in  any  sUm  not  leS§  tharl  oM  dollar*  iloi* 
hiore  than  tWo  hundred  dollar's. 

Sec.  4.  The  City  Council  may  l^e^Uii^e  all  dWnePg, 
tenants  and  occupants  of  impfov^d  pr'operty  Which  mav 
be  located  Upon  6Y  heai*  any  street  oi*  alley  along  which 
ftiay  extend  any  seWer  oi*  Systehi  of  Sewerage  inat  the 
City  may  Owri,  construct  Oi*  ^^olltf ol,  Oi»  that  it  rriay  ac- 
quire by  purchase  or  othei'wisft,  to  cOnnect  With  such 
SeWer  ol*  ^y^teiH  of  s6\v6ra^e  all  watei:*  dosets,  sinks 
or  drains  located  upon  their  respective  property  Or  prem- 
ises, so  that  their  contents  nlay  be  made  to  empty  into 
such  sewer  or  system  of  seWer'age :    Provided,  that  when- 

40 


•ever  any  tenant  or  occupant  shall  be  required  under  any 
ordinance  of  the  City  to  make  sewer  connections  or  do 
any  other  thing,  the  performance  of  which  the  City  Coun- 
cil has  the  power  to  compel,  such  tenant  or  occupant  shall 
have  a  lien  upon  the  property  for  reimbursement,  if  the 
primary  obligation  to  do  the  same  was  on  the  landlord, 
said  lien  to  be  enforced  by  competent  proceedings  in  any 
court  of  competent  jurisdiction;  and  the  tenant  or  occu- 
pant may,  when  so  entitled,  under  the  general  principles 
of  set-off,  use  such  claim  against  his  liability  for  rent. 

Sec.  5.  The  City  Council  shall  have  power  to  es- 
tablish, lease,  buy,  erect,  maintain,  own  and  regulate  and 
operate  markets  and  market  places,  abattoirs  and  to  build, 
own  and  maintain  buildings  therefor,  and  to  rent  and 
lease  the  same. 

Sec.  6,  (a)  The  City  Council  shall  have  power 
to  regulate,  license  or  prohibit  butchers  and  prevent  their 
slaughtering  animals  within  the  city  limits,  and  to  revoke 
their  license  for  malconduct  in  trade,  and  to  regulate  and 
license  the  sale  of  fresh  meats,  fruits  and  vegetables,  and 
the  slaughter  of  animals,  and  to  license  and  regulate  or 
prohibit  slaughterhouses  or  the  slaughter  of  animals 
within  the  City  limits. 

{h)  To  provide  for  the  inspection  of  dairies  and 
creameries  inside  and  outside  of  the  City  limits  and 
doing  business  within  the  City  and  to  charge  and 
provide  license  fees  for  said  inspection;  to  establish  and 
maintain  a  standard  of  sanitary  conditions  governing 
dairies  and  creameries  inside  and  outside  of 
the  City,  doing  business  within  the  City ;  to  establish  and 
maintain  a  standard  of  quality  of  all  dairy  products  sold 
In  the  City,  and  to  provide  for  penalties  for  the  violation 
thereof. 

(c)  To  compel  the  owner  or  occupant  of  any  gro- 
cery, soap,  tallow,  or  candle  establishment,  or  blacksmith 
shop,  tannery,  stable,  slaughterhouse  or  other  building, 
or  sewer,  privy,  hidehouse  or  other  unwholesome  or 
nauseous  place  or  house,  to  cleanse,  remove,  fill  up,  repair 
or  abate  the  same,  as  may  be  necessary  for  the  health, 
comfort  and  convenience  of  the  inhabitants, 

(d)  To  make  regulations  to  prevent  the  introduc- 
tion of  contagious  diseases  into  the  City,  to  make  quaran- 
tine laws  for  that  purpose,  and  to  enforce  them  within  the 
City  and  within  one  mile  thereof. 

(e)  To  authorize  the  destroying  of  clothing,  bed- 
ding, furniture  and  buildings  infected  with  the  germ  of 

41 


any  infectious  and  dangerous  disease,  when  the  public 
health  requires  the  destruction  of  the  same,  and  may 
also,  by  ordinance  duly  passed,  authorize  the  destruction 
or  removal  of  buildings  or  other  objects,  after  the  same 
shall  have  been  declared  a  nuisance  and  to  be  dangerous 
to  the  health  or  lives  of  the  citizens  of  the  City. 

(f)  To  prevent  any  person  from  bringing,  deposit- 
ing or  having  within  the  City  limits  the  carcasses  of  any 
dead  animals  or  other  unwholesome  substance  or  matter 
of  filth  of  any  kind,  and  to  require  prompt  removal  of 
the  same  and  impose  all  necessary  penalties  for  the  en- 
forcement of  such  powers. 

(g)  To  regulate  the  burial  of  the  dead,  the  registra- 
tion of  births  and  deaths,  direct  the  keeping  and  return- 
ing of  bills  of  mortality,  and  impose  penalties  on  physi- 
cians, undertakers,  sextons  and  others  for  any  default  in 
the  premises. 

Sec.  7.  The  City  of  Hickory  shall  have  power, 'by 
ordinance  duly  passed,  and  it  shall  be  its  duty,  to  estab- 
lish and  maintain  the  City  Health  Department,  to  be  com- 
posed of  the  City  Physician,  to  be  appointed  by  the  City 
Council  for  a  term  of  two  years;  a  sanitary  officer,  who 
may  also  be  a  police  officer,  and  such  other  employees  as 
the  City  Council  may  deem  necessary.  The  City  Physician 
shall  present  a  list  of  names  for  the  subordinate  positions 
in  the  Health  Department,  and  the  City  Council  shall 
select  aforementioned  subordinate  officers  fi-om  this  list. 

Sec.  8.  The  City  Physician  shall  be  the  chief 
health  officer  of  the  City  and  the  sanitary  officer  and 
other  employees,  if  any,  of  the  department  shall  obey  his 
orders  and  instructions.  It  shall  be  his  duty  from  time  to 
time  to  present  in  writing  to  City  Council  proposed  health 
ordinances,  which  the  City  Council  may  adopt  or  reject 
but  can  not  amend. 

Sec.  9.  The  City  Physician,  the  sanitary  officer,  or 
other  officer  designated  by  the  City  Council  for  this  pur- 
pose, shall  have  power  to  remove,  abate  or 
remedy,  or  cause  to  be  removed,  abated  or  remedied, 
everything  within  the  City  limits,  or  within  a  mile  of 
said  limits,  which  is  dangerous  or  prejudicial  to  the  pub- 
lic health;  and  the  expense  of  such  action  shall  be  paid 
by  the  person  in  default,  and  if  not  paid  shall  be  a  lien 
upon  the  land  or  premises  where  the  trouble  arose,  and 
shall  be  collected  as  unpaid  taxes. 

Sec.  10.  It  is  hereby  declared  a  misdemeanor  for 
any  person  to  sell  or  offer  for  sale  in  the  City  any  un- 

42 


sound  articles  for  food,  and  any  person  convicted  of  any 
violation  of  th^'s  section  shall  be  fined  or  imprisoned  in  the 
discretion  of  the  court. 

ARTICLE  XL 

FIRES  AND   FIRE  DEPARTMENT. 

Section  1.  The  City  Council  shall  have  power  to 
provide  for  the  organization,  equipment,  maintenance 
and  government  of  fire  companies  and  a  fire  department ; 
and  in  its  discretion,  may  provide  for  a  paid  fire  depart- 
ment, and  for  this  purpose  may  create  such  offices  and 
employees  with  such  compensation  as  to  the  council  may 
seem  right  and  proper:  Provided,  the  organization  and 
government  of  fire  companies  or  fire  department  shall  not 
be  inconsistent  with  the  provisions  of  this  article. 

Sec.  2.  The  Chief  of  the  Fire  Department  shall  be 
the  executive  officer  of  the  department  or  companies,  un- 
der the  direction  of  the  City  Manager,  and  shall  have 
direct  control  of  the  other  officers,  firemen  and  employees 
in  the  department  or  companies,  under  such  rules  as  may 
be  adopted  by  the  City  Council. 

Sec.  3.  The  Chief  of  the  Fire  Department  and  his 
assistants  shall  have  full  police  powers  while  on  duty  dur- 
ing fires,  and  are  authorized  to  make  arrests  without  war- 
rant for  interference  with  or  obstruction  to  their  opera- 
tion. 

Sec.  4.  In  the  event  of  an  alarm  of  fire  the  appa- 
ratus of  the  fire  department  or  companies  shall  have  the 
exclusive  rie-ht  of  way  in  and  upon  streets,  alleys,  squares 
and  railroad  crossings  in  going  to  any  fire,  and  while  go- 
ing to  a  fire,  as  well  as  at  a  fire,  it  shall  be  unlawful  for 
any  person  whatsoever  to  interfere  with  the  firemen  or 
their  aDparatus  or  appliances  in  any  way,  and  the  City 
Council  shall,  by  proper  ordinances,  provide  for  the  pun- 
ishment of  any  person  so  interfering. 

Sec.  5.  The  City  Manager  and  Chief  of  the  Fire 
Department  shall  have  the  same  power  and  authority  in 
reference  to  the  dismissal,  suspension  or  fining  any  offi- 
cer or  member  of  the  fire  department  or  companies  as 
that  provided  to  be  exercised  by  the  City  Manager  and 
Chief  of  Police  in  reference  to  the  officers  or  members  of 
the  police  department. 

Sec.  6.  The  City  Council  may  establish  and  main- 
tain fire  limits  in  the  City,  in  which  it  shall  be  unlawful 
to  erect,  alter  and  repair  wooden  buildings  or  structures 
or  additions  thereto ;  it  may  also  prohibit  the  removal  of 
buildings  or  additions  or  structures  of  any  kind  into  said 

43 


^ 


limits,  or  from  one  place  to  another  within  the  limits,  and 
make  such  other  regulations  as  may  be  deemed  best  for 
the  prevention  and  extinguishment  of  fires. 

Sec.  7.  The  City  Council  may  make  rules  and  regu- 
lations governing  the  erection  and  construction  of  build- 
ings in  the  City  so  as  to  make  them  as  safe  as  possible 
from  fire ;  and  in  case  of  fire  the  Mayor,  or  a  member  of 
the  City  Council,  the  City  Manager  and  the  acting  Chief 
of  the  Fire  Department,  or  the  acting  Chief  of  the  Fire 
Department  and  any  two  of  the  other  officers  named 
may  order  the  blowing  up,  tearing  down,  or  destruction 
in  any  other  way  that  may  seem  best,  of  any  building, 
when  it  is  deemed  necessary  to  stop  the  progress  of  the 
fire ;  and  no  individual  shall  be  held  liable,  civilly  or  crim- 
inally, for  acting  in  obedience  to  the  orders  thus  given. 
ARTICLE  XIL 

WATER  WORKS  AND  SEWERAGE  DEPARTMENT. 

Section  1.  The  Water  Works  and  Sewerage  De- 
partment shall  embrace  all  property,  rights,  and  obliga- 
tions of  the  City  of  Hickory  in  respect  to  water  works 
and  sewerage,  and  shall  in  so  far  as  practicable,  be  ad- 
ministered as  an  entity.  To  that  end  all  contracts,  rec- 
ords and  muniments  of  title  pertaining  thereto  shall  be 
assembled  and  carefully  preserved,  and  accounts  shall  be 
kept  of  its  assets,  liabilities,  receipts  and  disbursements, 
separate  and  distinct  from  the  accounts  of  any  other  de- 
partment or  branch  of  the  City  Government. 

Sec.  2.  The  Water  Works  and  Sewerage  Depart- 
ment of  the  City  of  Hickory  shall  be  composed  of  the  City 
Manager  and  such  other  officers  and  employees  as  the  City 
Council  may  deem  necessary  to  execute  the  duties  of  the 
department.  The  City  Manager  shall  be  the  executive 
officer  of  the  department,  and  shall  have  the  direction  of 
other  officers  and  employees,  subject  to  the  rules  and  reg- 
ulations prescribed  by  the  City  Council. 

Sec.  3.  The  City  Council  shall  have  the  power  to 
acquire  and  hold,  in  the. name  of  the  City,  rights  of  way, 
water  rights,  sewerage  outlets,  and  other  property  with- 
in and  without  the  City  limits,  and  the  City  Council  shall 
have  power  to  Condemn  and  take  rights  of  way,  ease- 
ments, water  rights,  sewerage  outlets  and  other  property 
within  and  without  the  corporate  limits  of  the  City  for 
the  purpose  of  extending,  getting,  storing,  maintaining 
and  furnishing  a  pure  and  adequate  water  sunply,  and  of 
extending,  maintaining  and  furnishing  an  adequate  sys- 
tem of  sewerage  and  of  securing  proper  and  adequate  out- 

44 


let  or  outlets  therefor.  The  proceedings  in  said  condemn- 
^tion  shall  be  the  same  as  are  herein  provided  for  the 
condemnation  of  land  for  street  purposes. 

Sec-  4  The  City  Manager  shall  have,  under  ordi- 
nances of  the  City  Council,  entire  supervision  and  control 
of  the  maintenance,  improvement  and  management  of  the 
said  system,  and  shall  fix  such  uniform  rates  for  water 
and  sewerage  as  he  may  deem  advisable  and  just,  and 
shall  fix  the  time  or  times  when  said  water  and  sewerage 
rents  shall  become  due  and  payable. 

Sec.  5  When  any  water  or  'sewerage  connections 
are  discontinued  by  any  officer  or  agent  of  the  City  in 
accordance  with  the  provisions  of  an  ordinance,  it  shall 
he  unlawful  for  any  person,  firm  or  corporation,  other 
than  the  City  Council,  or  its  agents  or  employees,  to  make 
said  connections  or  to  use  the  same,  without  having  first 
obtained  permission  from  the  City  Manager  or  some  of- 
ficer of  this  department. 

Sec.  6,  The  City  Council  shall  out  of  any  money 
received  by  it  from  the  operation  of  the  water  works  and 
sewerage  system  pay,  first  the  operating  expenses  of  said 
systems;  second,  the  interest  upon  such  of  the  bonds  of 
the  City  of  Hickory  as  were  sold  for  the  purpose  of  rais- 
ing money  to  erect,  construct,  and  enlarge  said  system, 
and  the  balance  remaining,  shall  be  invested  by  the  City 
Council,  and  shall  remain  and  be  known  as  a  sinking  fund 
to  meet  the  payment  of  said  bonds  at  their  maturity. 

Sec.  7.  That  the  City  Physician  shall  devote  such 
time  as  may  be  necessary  to  the  inspection  of  the  public 
"water-shed  and  examinations  of  the  public  water  supply, 
and  make  his  reports  of  the  same  to  the  City  Council. 

Sec.  8.  If  any  person  or  persons  shall  maliciously 
or  wilfully  divert  the  water  or  any  portion  thereof  from 
the  said  water  works,  or  shall  corrupt  or  render  the  same 
impure,  or  shall  injure  or  destroy  or  obstruct  any  canal, 
aqueduct,  pipe,  or  other  property  used  or  acquired  for 
the  proper  operation  of  said  systems,  or  either  of  them, 
said  person  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction,  shall  be  fined  not  exceeding  five  hundred  dol- 
lars, or  shall  be  imprisoned  not  exceeding  one  year,  at 
the  discretion  of  the  court. 

Sec.  9.  The  City  Council  shall  have  full  power  and  au- 
thority to  apply  by  ordinance  the  provisions  of  Sec.  4  to  Sec- 
tion 13  inclusive  of  Article  VIII,  to  the  extension  of  the 
Water  Works  and  Sewerage  Systems  of  the  City  of  Hick- 
ory.   An  ordinance  applying  said  sections  to  said  systems 

45 


shall,  for  any  and  all  intents  and  purposes,  have  the  same 
effect  as  if  said  sections  were  herein  set  forth. 
ARTICLE  XIII. 

FINANCE  AND  TAXATION. 

Section  1.  No  contract  shall  ever  be  made  which 
binds  the  City  to  pay  for  personal  service  to  be  rendered 
for  any  stated  period  of  time,  but  all  contracts  involving 
personal  service  shall  be  restricted  to  the  doing  of  some 
particular  act  or  thing,  and  upon  its  completion  no  fur- 
ther liability  s^-ill  exist  on  the  part  of  the  City,  nor  shall 
the  City  of  Hickory,  or  any  one  acting  for  it,  make  any 
contract  for  supplies  for  current  use  for  any  department 
of  the  City  for  a  longer  period  of  time  than  twelve 
months,  and  so  far  as  practicable  all  supplies  purchased 
for  the  use  of  any  or  all  the  departments  of  said  City 
shall  be  made  or  let  upon  competing  prices  therefor. 

Sec.  2  No  contract  shall  be  given  until  after  an  ap- 
propriation has  been  made  therefor,  nor  in  excess  of  the 
amount  appropriated,  and  all  contracts  w^henever  practi- 
cable shall  be  upon  specification  and  no  contract  shall  be 
binding  upon  the  City  unless  it  has  been  signed  by  the 
City  Manager  and  by  a  member  of  the  City  Council,  who 
shall  have  been  duly  authorized  to  sign  the  said  contract 
by  an  ordinance  adopted  at  a  regular  meeting  of  the  City 
Council,  and  the  expense  thereof  charged  to  the  proper 
appropriation.  Whenever  the  contracts  charged  against 
any  appropriation  equals  the  amount  of  said  appropriation 
no  further  contract  shall  be  signed. 

Sec.  3.  All  tentative  or  proposed  contracts  of 
whatever  character  pertaining  to  public  improvements 
or  the  maintenance  of  public  property  of  said  City  in- 
volving an  outlay  of  as  much  as  two  hundred  dollars, 
shall  be  submitted  upon  sDecifications  to  be  prepared  and 
submitted  to  and  approved  by  the  City  Council,  and  aft^ 
such  approval  advertisement  for  the  proposed  work  or 
matters  embraced  in  said  proposed  contract  shall  be  made 
inviting  competitive  bids  for  the  work  proposed  to  be 
done,  which  said  advertisement  shall  appear  at  least  twice 
in  some  weekly  newspaper  or  at  least  five  times  in  a  daily 
newspaper  published  in  the  City  of  Hickory.  All  bids 
submitted  shall  be  sealed,  shall  be  opened  by  the  Mayor  in 
the  presence  of  the  City  Council  in  a  meeting  assembled 
and  shall  remain  on  file  in  the  City  Manager's  office  and  be 
open  for  public  inspection  for  at  least  forty-eight  hours 
before  any  award  of  said  work  is  made  to  any  competitive 
bidder.     The  City  Council  shall  determine  the  most  ad- 

46 


vantageous  bid  for  the  City  and  shall  enter  into  a  con- 
tract with  the  parties  submitting  the  same.  However,  the 
City  Council  shall  always  in  every  advertisement  of  pub- 
lic work  or  contract  involving  as  much  as  two  hundred 
dollars  reserve  the  right  to  reject  any  and  all  bids.  Pend- 
ing the  advertisement  of  work  or  contract  proposed,  spec- 
ifications therefor  shall  be  on  file  in  the  office  of  the  City 
Manager  subject  to  the  inspection  of  all  parties  desiring 
to  bid:  Provided,  this  section  shall  not  be  construed  to 
prohibit  the  City  Council  from  having  work  done  by  day 
labor,  from  purchasing  materials  in  accordance  with  the 
other  provisions  of  thisCharter  and  under  such  rules  and  reg 
ulations  as  said  Council  may  by  ordinance  prescribe :  And 
Provided,  further,  this  section  shall  not  be  construed  to 
apply  to  contracts  for  lighting  the  streets  and  public 
buildings  of  the  city. 

Sec.  4.  The  City  Manager  shall  be  the  purchasing 
agent  of  the  City  Council,  and  all  property,  supplies,  and 
material  of  every  kind  \yhatsoever,  shall,  upon  the  order 
of  the  City  Council,  be  purchased  by  him,  and  when  so 
purchased,  the  bills  therefor  shall  be  submitted  to  and 
approved  by  the  City  Council  before  the  same  are  paid. 

Sec.  5.  The  City  Council  shall,  during  the  month  of 
May  of  each  year,  or  as  soon  thereafter  as  is  practicable, 
make  a  careful  estimate  of  the  probable  revenues  of  the 
City,  for  the  next  fiscal  year  and  apportion  the  same  to- 
gether with  any  surplus  left  over  to  the  general  fund 
from  the  preceding  year,  as  herein  provided,  to  the  sev- 
eral departments  of  the  City  Government,  reserving  from 
said  estimate  not  more  than  ten  per  cent,  and  not  less 
than  seven  per  cent,  of  the  total  amount  of  the  revenue 
estimated,  as  above  provided,  to  be  used  in  case  of  emer- 
gencies. Any  unexpended  portion  of  said  reserved  fund 
created  for  any  fiscal  year  shall  constitute  a  part  of  such 
roserve  fund  for  the  ensuing  year.  Such  estimate  or  budget 
shall  be  prepared,  in  such  detail  as  the  said  Council  shall 
deem  advisable,  and  in  order  to  enable  the  said  coun- 
cil to  properly  make  the  apportionment  hereinbefore  re- 
quired, the  City  Manager  and  the  heads  of  each  depart- 
ment of  the  City  shall,  at  least  ten  days  before  said  ap- 
portionment is  made,  furnish  in  writing  to  said  council, 
estimates  in  detail  of  the  amounts  needed.  The  estimates 
in  detail  furnished  by  the  City  Manager  shall  be  of  the 
amounts  needed  for  the  entire  City  Government  and  those 
furnished  by  the  heads  of  the  department  of  the  amounts 
needed  for  their  respective  departments.     All  of  which 

47 


estimates  shall  be  considered  by  the  City  Council  m  de- 
termining the  amount  apportioned  to  each  department  of 
the  City. 

Any  apportionment  made  by  the  City  Council  to  any 
department  of  the  City  may  at  any  time  be  increased  or 
reduced,  or  may  be  diverted  from  one  department  to  an- 
other by  a  majority  vote  of  the  City  Council.  If  at  the 
end  of  the  fiscal  year  any  surplus  remains  to  any  depart- 
ment of  the  City  for  which  an  apportionment  was  made, 
the  same  shall  be  credited  to  the  general  funds  of  the 
City,  and  shall  form  part  of  the  general  funds  for  the 
next  ensuing  fiscal  year.  That  at  the  end  of  each  month 
during  the  fiscal  year  each  of  the  heads  of  the  various 
departments  of  the  City  shall  file  with  the  City  Manager 
an  itemized  report  of  all  moneys  received  and  disbursed 
by  his  department,  and  showing  for  what  and  to  whom 
such  money  was  paid  and  for  what  and  from  whom  re- 
ceived. 

The  City  Manager,  at  the  first  of  each  month  during 
the  fiscal  year,  shall  file  with  the  City  Council  an  item- 
ized report  of  all  moneys  received  and  disbursed  by  any 
and  all  officers  of  the  City  Government  during  the  preced- 
ing month,  and  showing  from  whom  and  for  what  such 
money  was  received  and  to  whom  and  for  what  paid.  To 
the  said  report  shall  be  attached  the  monthly  reports-  of 
each  of  the  heads  of  the  various  departments  of  the  City. 
The  City  Manager's  report  for  the  preceding  month  shall 
be  published  during  the  second  week  of  each  month  in 
some  newspaper  published  in  the  City  of  Hickory. 

Sec.  6.  That  at  their  first  meeting  in  May  of  each 
and  every  year,  or  as  soon  thereafter  as  is  practicable,  the 
City  Council  shall,  by  ballot,  elect  a  City  Treasurer,  who 
must  be  a  person  other  than  the  City  Manager  and  who 
shall  receive  a  sum  not  exceeding  one-third  of  one  per 
cent,  of  the  amount  of  funds  paid  into  his  office. 

Sec.  7.  The  City  Treasurer  shall  give  bond,  in  some 
bonding  company,  in  such  sum  and  form,  and  with  such 
conditions  as  may  be  required  by  the  City  Council,  the 
amount  of  said  bond  shall  not  be  less  than  $7,500.00,  and 
the  same  to  be  approved  by  the  City  Council,  said  bond 
to  be  paid  for  out  of  the  regular  expense  funds  of  the 
City.  It  shall  be  his  duty  to  call  on  all  persons  having  in 
their  hands  any  moneys  or  securities  belonging  to  the  City 
which  ought  to  be  paid  and  delivered  into  its  treasury,  to 
surrender  the  same  to  him,  and  to  receive  and  safely  keep 
and  pay  out  the  same  only  on  warrants,  signed  by  the 

48 


City  Manager  and  countersigned  by  some  other  person 
to  be  designated  by  the  City  Council.  All  moneys  be- 
longing to  said  City  and  received  by  any  officer  or  agent 
thereof  from  any  source  whatsoever,  shall,  unless  other- 
wise herein  directed,  be  by  him  turned  over  to  said 
Treasurer,  as  hereinafter  provided,  for  which  the  Treas- 
urer shall  give  a  receipt  to  the  party  so  paying.  Said 
Treasurer  shall  keep  in  books  provided  for  that  purpose, 
a  full  and  correct  account  of  all  moneys  received  and 
disbursed  by  him  and  shall  render  a  statement  of  his  re- 
ceipts and  disbursements  to  the  City  Council  at  the  first 
of  each  month,  and  at  such  other  times  as  may  be  re- 
quired of  him  by  said  council.  The  City  Council  shall 
have  the  right  to  require  a  new  bond  whenever,  in  their 
opinion,  the  existing  bond  is  insufficient,  and  whenever 
such  new  bond  is  required  he  shall  do  no  official  act 
until  said  bond  shall  be  given  and  approved  in  the  man- 
ner aforesaid.  The  City  Council  may,  in  their  discre- 
tion, select  one  or  more  banks  in  the  City  as  depository 
banks  for  the  City  of  Hickory,  and  should  such  bank  or 
banks  be  so  selected  as  above  provided  it  shall  then  be  the 
•duty  of  said  treasurer  to  make  daily  deposits  of  such  sums 
and  moneys  as  shall  be  received  by  him  from  all  sources 
whatsoever  to  his  credit  as  Treasurer  in  one  or  more  of 
said  banks  and  such  depository  banks  or  bank,  before 
any  such  deposit  is  made  therein,  may  be  required  to  en- 
ter into  an  obligation  with  the  said  City  Council  to  pay 
into  the  Treasurer  of  said  City  interest  at  a  rate  to  be 
fixed  by  said  City  Council,  not  exceeding  legal  rate  of  in- 
terest in  North  Carolina,  which  shall  be  paid  at  the  end 
of  each  month  and  shall  be  based  on  the  daily  average 
balances  for  the  month ;  provided,  the  rate  of  interest  to 
be  paid  by  said  bank  or  banks  may  at  any  time  be  changed 
by  the  City  Council  but  never  to  exceed  legal  rate.  The 
said  bank  or  banks  may,  in  the  discretion  of  the  City 
Council,  be  required  also  to  execute  a  good  and  suftcient 
bond  with  sureties  to  be  approved  by  the  City  Council, 
and  conditioned  that  such  bank  or  banks  will  safely  keep 
and  account  for  and  pay  over  said  money  on  demand 
and  as  ordered  by  the  City  Council.  All  interest  Daid 
by  any  such  bank  upon  such  balance  shall  be  collect- 
ed by  the  Treasurer  of  the  City,  and  shall  be  by  him  re- 
ported in  his  next  statement  following  such  collection,  and 
shall  be  considered  and  treated  as  part  of  the  general 
funds  of  said  City,  subject  to  its  use  for  any  legitimate 
or  municipal  purpose.    That  whenever  required  by  this 

49 


charter  or  by  the  City  Council  said  Treasurer  shall  keep 
the  funds  and  the  accounts  thereof  of  the  different  de- 
partments of  the  City  separate.  Said  Treasurer  shall: 
do  and  perform  such  other  acts  as  the  City  Council  may 
require  of  him,  and  on  the  expiration  of  his  term  of  of- 
fice, or  upon  the  same  being  for  any  reason  vacated,  he 
shall  deliver  to  his  successor  in  office  all  the  moneys,  se- 
curities and  other  property  which  are,  or  ought  to  be  in 
his  hands  by  virtue  of  his  office. 

Sec.  8.  The  City  Manager  in  the  collection  of  taxes- 
shall  be  vested  with  the  same  power  and  authority  as  is. 
given  by  the  State  to  sheriffs  for  like  purpose,,  and  shall 
be  subject  to  the  same  fines  and  penalties  on  failure  or 
neglect  of  duty.  It  shall  be  his  duty  to  collect  all  taxes 
levied  by  the  City  Council,  and  he  shall  be  charged  with 
the  sums  appearing  on  the  tax  list  as  due  for  city  taxes. 
He  shall  at  no  time  retain  in  his  hands  over  two  hundred 
dollars  for  a  longer  time  than  seven  days,  under  a  penalty 
of  ten  per  cent,  per  month  to  be  paid  to  the  city  upon  all 
sums  so  unlawfully  retained.  In  his  settlement  with  the 
City  Treasurer  he  shall  be  credited  with  all  poll  taxes 
and  taxes  of  personal  property  which  the  City  Council 
shall  declare  to  be  insolvent  and  uncollectable,  and  with 
such  amounts  as  may  be  involved  in  suit  by  appeal  from 
the  ruling  of  the  council,  and  he  shall  be  charged  with  and 
shall  pay  over  all  other  sums  appearing  on  the  tax  list  as: 
hereinbefore  provided.  After  the  accounts  of  the  City 
Manager  shall  have  been  audited  and  settled,  the  same 
shall  be  reported  to  the  City  Council  and,  when  approved 
by  them  the  same  shall  be  recorded  in  the  minute  book  of 
said  council,  and  shall  be  prima  facie  evidence  of  correct- 
ness, and  impeachable  only  for  fraud  or  specified  error. 

Sec.  9.  That  for  the  purpose  of  raising  revenue  for 
defraying  the  expenses  incident  to  the  proper  govern- 
ment of  the  city,  the  City  Council  shall  have  power,  and 
they  are  hereby  authorized  to  levy  and  collect,  for  general 
purposes,  an  annual  ad  valorem  tax  on  all  real  and  per- 
sonal property  within  the  corporate  limits,  of 
said  city,  and  on  all  personal  property  including  money 
on  hand  and  solvent  credits  owned  by  residents  of  said 
city,  and  on  all  other  property  subject  to  an  ad  valorem 
tax  under  the  laws  of  the  State  of  North  Carolina,  not 
exempt  from  taxation  by  the  constitution  and  laws  of 
the  said  State,  of  and  at  the  rate  of  not  exceeding  ninety- 
five  cents  on  the  one  hundred  dollars  valuation  of  said 
property  and  a  tax  not  exceeding  two  dollars  and  eighty- 

50 


five  cents  on  each  taxable  poll,  and  for  the  purpose  of 
paying  interest  on  municipal  bonds  the  City  Council 
shall  levy  and  collect  an  annual  ad  valorem  tax  on  all 
property  subject  to  taxation,  as  hereinbefore  provided,  of 
not  more  than  thirty-five  cents  on  the  one  hundred  dollars 
valuation  of  said  property  and  a  tax  not  exceeding  one 
dollar  and  five  cents  on  each  taxable  poll.  The  term  ''real 
property,  "as  usen  in  this  article, shall  be  construed  to  mean 
the  same  as  defined  in  section  2857  of  the  Revisal  of 
1905,  and  the  term  ''personal  property",  as  used  in  this 
article,  shall  be  construed  to  mean  all  property  v^hich  is  not 
real.  The  taxes  hereby  authorized  to  be  levied  shall  be- 
come due  and  payable  on  September  the  first  of  each  year, 
and  a  d^-scount  may  be  allowed  by  the  City  Council  for  the 
payment  of  taxes  as  follows:  For  the  payment  of  all 
taxes  during  the  said  month  of  September  two  per  cent., 
during:  the  month  of  October  ome  per  cent.,  during  the 
month  of  November  one-half  of  one  per  cent.  And  for 
all  taxes  not  paid  prior  to  January  the  first  following,  the 
City  Council  shall  charge  the  following  penalties:  For 
taxes  paid  during  the  said  month  of  January  a  penalty 
♦of  one  per  cent,  during  the  month  of  February  a  penalty 
of  two  per  cent,  and  for  each  additional  month,  or  a  frac- 
tion thereof,  thereafter  said  taxes  shall  remain  unpaid, 
there  sball  be  added  an  additional  penalty  of  one  per  cent., 
which  penalty  shall  be  charged  and  collected  as  part  of 
and  in  the  same  manner  as  such  taxes. 

Sec.  10.  The  said  City  Council  may  also  levy,  and 
^collect  for  general  purposes,  a  tax  upon  all  dogs  kept  in 
the  city,  and  which  may  be  so  kept  on  the  first  day  of 
May  of  each  year.  The  said  tax  shall  not  exceed  five 
dollars  and  any  dopi-s  so  taxed  shall  be  the  subject  of 
l?rceny;  provided,  that  a  discrimination  within  the  limit 
above  fixed  may  be  made  by  said  council  on  the  different 
species  and  sexes  of  dogs. 

Sec.  11.  The  City  Council  shall  have  power  to  pro- 
vide all  ordinances  for  the  assessing  and  prompt  collec- 
tion of  all  taxes,  and  to  regulate  the  manner,  mode  and 
form  of  making  out  and  swearing  to  tax  lists  or  inven- 
tories and  the  appraisement  of  property  in  said  city,  and 
to  prescribe  how  and  when  property  shall  thus  be  ren- 
dered, and  shall  also  prescribe  the  number  and  form  of 
assessment  rolls  and  fix  and  define  the  number,  the  duties 
and  powers  of  list  takers,  appraisers,  and  all  other  ofldcers 
Dr  agents  that  may  be  necessary  for  collecting  the  taxes, 
and  shall  adopt  such  measures  and  regulations,  and  pre- 

51: 


scribe  and  enforce  such  penalties  as  ft  may  deem  ad- 
visable, to  secure  the  due  and  proper  assessment  of  all 
property  within  the  limits  of  the  city,  and  the  collection 
of  taxes  thereupon.  If  all  of  such  taxes  are  not  paid  on 
or  before  the  first  day  of  March,  next  following  the  listing 
of  said  taxes,  the  City  Manager  shall  proceed  to  collect 
such  taxes  and  penalties  by  distress  and  sale  as  provided 
by  law. 

Sec.  12.  The  City  Manager  shall,  after  the  most 
diligent  inquiry,  and  by  comparing  his  book  with  the 
county  tax  books,  make  out  a  list  of  all  persons  liable  for 
poll  tax,  or  for  taxes  on  property,  who  have  failed  ta 
return  a  list  in  the  manner  and  in  the  time  prescribed, 
together  with  the  estimated  value  of  all  property  not 
listed,  and  shall  enter  such  persons  in  a  separate  part  of 
his  book,  and  shall  charge  them  up  with  double  taxes. 
No  person  shall  be  excused  from  paying  said  double 
tax  except  on  application  to  the  City  Council  and  for 
causes  shown. 

Sec.  13.  All  persons  who  own  property  and  who 
wilfully  fail  to  list  it  within  the  time  allowed  by  law,  and 
all  persons  who  are  liable  for  poll  tax  to  the  said  city  and 
who  shall  wilfully  fail  to  give  themselves  in,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  shall  be  fined  not  more  than  twenty-five  dollars 
or  imprisoned  not  more  than  ten  days,  and  it  shall  be  the 
duty  of  the  City  Manager  to  prosecute  the  offenders 
against  this  section. 

Sec.  14.  The  lien  for  taxes  for  any  and  all  purposes 
in  each  year  shall  attach  to  all  the  real  estate  of  the  tax 
payers  within  the  city  on  the  first  day  of  June  annually, 
and  shall  continue  until  such  taxes,  with  any  penalty  and 
costs  which  shall  accrue  thereon,  shall  be  paid.  But  there 
shall  be  no  lien  for  taxes  on  the  personal  property  of  the 
tax  paper  until  there  has  been  a  levy  thereon. 

Sec.  15.  That  in  addition  to  the  subjects  listed  for 
taxation  the  City  Council  for  the  purpose  of  raising 
revenue,  may  levy  an  annual  license  tax  on  the  following 
subjects,  the  amount  of  which  taxes  shall  be  collected  by 
the  City  Manager,  and  if  not  paid  when  due  the  same 
may  be  recovered  by  suit  brought  in  the  name  of  the  city, 
or  the  articles  upon  which  the  tax  is  imposed  or  any  other 
property  of  the  licensee  may  be  forthwith  distrained  and 
sold  to  satisfy  said  tax,  namely: 

(a)  Upon  all  itinerant  merchants  or  peddlers  vend- 
ing or  offering  to  vend  in  the  city,  a  license  tax  not  ex- 

52 


ceeding  fifty  dollars  a  year,  except  such  only  as  sell  books, 
charts,  maps  or  wares  of  their  own  manufacture,  but  not 
excepting  vendors  of  medicine  by  whomsoever  manufac- 
tured; and  not  more  than  one  person  shall  peddle  under  a 
single  license. 

(b)  Upon  every  billiard  table,  bowling  table, 
bowling  alley,  or  alley  of  like  kind,  bowling  saloon,  baga- 
telle table,  pool  table,  or  table,  stand  or  place  for  any 
other  game  or  play,  with  or  without  a  name,  kept  for  hire, 
or  in  a  house  used  or  connected  with  a  hotel  or  restaurant, 
a  license  tax  not  exceeding  fifty  dollars. 

(c)  Upon  every  hotel  a  license  tax  not  exceeding 
fifty  dollars;  upon  every  boarding  house  with 
more  than  ten  boarders,  and  every  restaurant  and  eating 
house,  a  license  tax  not  exceedingtwenty-five  dollars;andthe 
City  Council  may  levy  the  license  taxes  provided 
for  in  this  subsection,  according  to  the  size,  patronage 
or  income  of  the  hotels,  boarding  houses,  restaurants, 
and  eating  houses. 

(d)  Upon  every  circus,  company  of  circus  riders 
or  performers  by  whatever  name  called,  who  shall  exhibit 
within  the  city,  or  within  one  mile  of  the  corporate 
limits,  a  license  tax  not  exceeding  one  hundred 
dollars  for  each  performance  or  separate  exhibition, 
and  upon  every  side  show  connected  therewith,  a  license 
tax  not  exceeding  twenty-five  dollars,  the  tax  to  be  paid 
before  exhibition,  and,  if  not,  to  be  doubled. 

(e)  Upon  every  person  or  company  exhibiting  within 
the  city,  or  within  one  mile  of  the  corporate  limits,  any 
stage  or  theatrical  plays,  sleight-of-hand  performances, 
rope  dancing,  tumbling,  high  diving,  wire  dancing  or 
menageries,  a  tax  not  exceeding  twenty-five  dollars  for 
every  twelve  hours  allowed  for  exhibiting,  the  tax  to  be 
paid  before  exhibiting,  or  the  same  shall  be  doubled. 

(/)  Upon  every  exhibition  for  reward  of  artificial 
curiosities,  models  of  useful  inventions  excepted,  within  the 
city  or  within  one  mile  thereof, a  tax  not  exceedingtwenty- 
five  dollars,  to  be  paid  before  exhibiting,  or  the  same  shall 
be  doubled. 

(g)  Upon  each  show  or  exhibition  of  any  other 
kind,  and  on  each  concert  for  reward  unless  for  religious 
or  charitable  purposes,  or  by  pupils  of  schools  of  the  city, 
for  school  purposes,  within  the  city  or  within  one  mile  there- 
of, and  on  every  strolling  musician,  a  tax  not  exceeding 
ten  dollars,  to  be  paid  before  exhibiting,  or  the  same  shall 
be  doubled:     Provided,  however,  that  plays,  shows  or 

53 


other  amusements  given  in  a  regularly  licensed  hall  or 
opera  house  shall  not  be  taxed. 

(h)  Upon  every  auctioneer  or  crier  of  goods  at 
public  auction,  a  license  tax  not  exceeding  fifty  dollars. 

{i)  Upon  every  stock  and  bond  broker,  oil  agency, 
dealer  in  or  manufacturer's  agent  of  musical  instruments, 
keeper  of  livery  stables  or  stock  yards  doing  business 
within  the  city,  a  license  tax  not  exceeding  ten  dollars  a 
year. 

(j)     Upon  every  person  engaged  in  the  business  of 

posting,  distributing  or  tacking  up  bills,  posters,  signs  or 
advertisements  of  any  kind,  a  license  tax  not  exceeding 
twenty-five  dollars. 

{k)  Upon  every  shooting  gallery,  skating  rink, 
street  huckster,  ice  dealer,  dealer  in  wood  and  coal  or 
either,  a  license  tax  not  exceeding  twenty  dollars  a  year. 

(I)  Upon  every  telephone  or  electric  light  company, 
power  company,  street  railway  company,  waterworks 
company  furnishing  water  to  the  citizens  of  Hickory,  or 
gas  company,  a  license  tax  not  exceeding  one  hundred 
dollars  per  annum. 

(m)  Upon  each  marble  yard,  undertaker,  plumber, 
persons  putting  gas  or  water  fixtures  in  houses  or  yards, 
and  persons  engaged  in  the  electric  wiring  of  buildings 
for  light,  power  or  heat,  a  license  tax  not  exceeding  ten 
dollars. 

{n)  Each  garage,  rope  walker,  itinerant  dealer 
in  lightning  rods  and  stoves,  every  dealer  in  fertilizer, 
civil  engineer,  aurist,  chiropodist,  or  any  person  engaged 
in  the  sale  of  any  specifics,  buggy  or  wagon  agent,  or 
any  person  oflFering  vehicles  for  sale  as  a  business,  each 
architect  or  builder,  cigar  manufactory,  tobacco  factory 
tobacco  warehouse,  each  dancing  school,  every  agent 
for  the  sale  of  machinery,  engines,  every  soda  or  mineral 
water  fountain,  every  stallion  or  jack  standing  in  the  city, 
every  lecturer  for  reward  except  for  religious  or  chari- 
table purposes,  each  dairy  wagon,  dairy  vehicle,  land 
agent  or  land  broker,  each  butcher,  persons  selling 
jewelry  or  any  other  article  having  a  prize  given  there- 
with, each  printing  office,  each  dealer  in  patent  rights,  a 
license  tax  not  exceeding  ten  dollars. 

(o)  Upon  every  bank  or  banker,  each  junk  shop  or 
dealer  in  metals,  cordage,  etc.,  every  mill,  manufactory, 
machine  shop  or  foundry,  a  license  tax  not  exceeding  fifty 

54 


dollars  a  year. 

(v)  Upon  all  merchants,  commission  merchants 
and  commercial  brokers,  a  license  tax  not  exceeding 
twenty  dollars  a  year. 

(q)  Upon  every  omnibus,  hack,  cab,  carriage,  dray, 
baggage  wagon,  automobile,  used  to  transport  persons, 
baggage,  freight,  or  other  articles  for  hire,  a  license  tax 
not  exceeding  twenty  dollars. 

(r)  On  moving  picture  shows  a  license  tax  not  ex- 
ceeding twenty  d        s. 

(s)  On  moving  picture  shows  in  connection  with 
vaudeville  acts  or  on  vaudeville  shows  alone  a  license  tax 
not  exceeding  fifty  dollars. 

{t)  On  each  room  or  hall  used  a^  a  theatre  or  opera 
house,  a  license  tax  not  exceeding  fifty  dollars;  on  each 
firm  or  corporation  selling  pistols,  bowie  knives,  dirks, 
sling  shots,  brass  knucklers,  or  other  deadly  weapons,  in 
addition  to  all  other  taxes  a  license  tax  not  exceeding 
fifty  dollars. 

(u)  On  any  business,  profession,  trade  or  avocation 
of  any  kind  carried  on  in  the  City  of  Hickory  not  herein- 
before enumerated  a  license  tax  not  exceeding  one  hun- 
dred dollars  nor  less  than  ten  dollars. 

Sec.  16.  The  license  year  shall  begin  on  the  first  day 
of  June  of  each  and  every  year. 

Sec.  )17.  The  City  Council  shall  have  power  to  grad- 
uate any  of  the  license  taxes  permitted  in  this  article,  by 
dividing  the  business  into  classes  according  to  the  size, 
patronage  or  income:  Provided,  the  said  taxes  must  be 
uniform  for  all  in  a  class. 

Sec.  18.  That  in  addition  to  the  subjects  enumerat- 
ed in  the  foregoing  the  City  Council  shall,  for  the  purpose 
of  raising  revenue,  have  power  to  tax  all  persons,  firms 
or  corporations  and  all  subjects  of  taxation  which,  under 
the  constitution  and  laws  of  the  State  of  North  Carolina, 
are  taxable  by  the  General  Assembly  for  State  and  county 
purposes:  Provided,  such  tax  shall  not  exceed  one-half 
of  that  levied  annually  on  like  subjects  by  the  State  and 
county  for  State  and  county  purposes. 

Sec.  19.  That  the  City  Council  may  provide  that  all 
licenses  issued  hereunder  shall  be  kept  posted  in  such 
place  as  they  may  deem  right  and  proper. 

Sec.  20.  The  City  Council  may  regulate  and  license 
chauffeurs,  those  who  run  their  own  automobiles  or  those 
of  others,  plumbers,  and  those  engaged  in  the  electric 
wiring  of  buildings  for  light,  power  or  heat,  and  before 

55 


issuing  a  license,  may  require  the  applicant  to  be  ex- 
amined and  to  give  bond  in  such  sum  and  upon  such  con- 
ditions as  the  council  may  determine,  and  with  such 
sureties  as  it  may  approve,  and  said  council  may,  for 
imcompetency  on  the  part  of  .such  licensees  or  for  refusal 
to  comply  with  the  ordinances  relating  to  such  business, 
or  for  any  other  good  causes,  revoke  any  license  issued 
hereunder. 

Sec.  21.  No  person,  firm  or  corporation  shall  do  any 
kind  of  plumbing  or  electrical  wiring  of  buildings  without 
first  having  obtained  a  license  from  said  council. 

Sec.  22.  That  no  license  issued  hereunder  by  said 
council  shall  be  for  more  than  one  year,  and  same  shall 
not  be  transferable  or  assignable  except  by  the  permission 
of  the  City  Council. 

Sec.  23.  Any  person  carrying  on  or  practising  any 
business,  profession,  trade  or  avocation  of  any  kind  upon 
which  a  license  tax  has  been  levied,  without  first  haying 
obtained  a  license  therefor,  shall  be  guilty  of  a  misde- 
meanor, and  shall,  upon  conviction,  be  fined  not  more  than 
fifty  dollars,  or  imprisoned  not  more  than  thirty  days. 

Sec.  24.  That  no  license  shall  be  issued,  as  herein 
provided,  before  the  license  tax  shall  have  been  paid. 

Sec.  25.  The  City  Council  shall  create  a  sinking 
fund  of  not  less  than  two  per  centum  per  annum  of  the 
present  bonded  indebtedness  of  the  City  of  Hickory.  The 
funds  so  created  shall  be  a  special  fund  to  provide  for  the 
payment  of  said  bonded  indebtedness,  or  for  the  payment 
of  bonds  issued  in  lieu  thereof,  and  shall  not  be  drawn 
upon  or  diverted  for  the  payment  of  the  interest  on  said 
bonds  or  any  other  purpose  whatever,  and  the  City  Treas- 
urer of  the  City  of  Hickory  shall  honor  no  draft  UDon 
said  fund,  except  to  redeem  the  bonds  for  which  the  fund 
w^as  created.  The  City  Council  may,  in  its  discretion, 
postpone  the  creation  of  said  sinking  fund  until  after  the 
year  1914 ;  and  from  the  beginning  of  the  municipal  year 
of  1915,  the  City  Council  shall  have  no  discretion  and  the 
sinking  fund  shall  and  must  be  created  for  the  amount 
heretofore  stated. 

ARTICLE  XIV. 
the  initiative. 

Section  1.  Any  proposed  ordinance  may  be  sub- 
mitted to  the  Council  by  a  petition  signed  by  the  qualified 
registered  electors  of  the  city  equal  in  number  to  the  per- 
centage hereinafter  required. 

Sec.  2.     The  provisions  of  Section  3  of  Article  III. 

56 


Tespecting  the  forms  and  conditions  of  the  petition  and 
the  mode  of  certification  and  filing  shall  be  substantially 
followed,  with  such  modification  as  the  nature  of  the  case 
requires. 

Sec.  3.  If  the  petition  accompanying  the  proposed 
ordinance  be  signed  by  electors  equal  in  number  to  twenty- 
five  per  centum  of  the  qualified,  registered  voters  of  the 
City  of  Hickory,  and  contain  a  request  that  said  ordinance 
be  submitted  forthwith  to  the  vote  of  the  people  at  a 
^special  election,  then  the  Council  shall  either: 

(a)  Pass  said  ordinance  without  alternation  within 
twenty  days  after  ihe  attachment  of  the  City  Manager's 
•certificates  of  sufl[ici«ncy  to  the  accompanying  petition 

(subject  to  a  referendary  vote,  under  the  provisoin  of 
Article  XV.  of  this  Charter)  ;  or 

(b)  Within  twenty-five  days  after  the  City  Man- 
?iger  shall  have  attached  to  the  petition  accompanying 
such  ordinance  his  certificate  of  suflficiency,  the  Council 
shall  proceed  to  call  a  special  election  at  which  said  ordin- 
ance without  alteration  shall  be  submitted  to  a  vote  of  the 
people. 

Sec.  4.  If  the  petition  be  signed  by  electors  equal  in 
number  to  twenty-five  per  centum  of  the  qualified,  regis- 
tered voters  of  the  City  of  Hickory,  and  said  ordinance 
be  not  passed  by  the  Council  as  provided  in  the  preceding 
•subdivision,  then  such  ordinance,  without  alteration,  shall 
be  submitted  by  the  Council  to  a  vote  of  the  people  at  the 
next  general  municipal  election  that  shall  occur  at  any 
time  after  twenty  days  from  the  date  of  the  City  Man- 
ager's certificate  of  sufficiency  attached  to  the  petition 
accompanying  such  ordinance. 

Sec.  5.  Whenever  any  ordinance  or  proposition  is 
required  by  this  charter  to  be  submitted  to  the  voters  of 
the  city  at  any  election,  the  Council  shall  order  such  or- 
dinance or  proDOsition  to  be  published  in  one  or  more 
newspapers  of  the  city  for  a  period  of  twenty  days  imme- 
diately preceding  the  next  general  municipal  election. 

Sec.  6.  The  ballots  used  when  voting  uiDon  such 
proposed  ordinance  shall  contain  the  words,  "For  the 
Ordinance"  (setting  forth  in  full  the  title  thereof  and 
stating  the  general  nature  of  the  proposed  ordinance) 
and  shall  be  authenticated  with  a  facsimile  of  the  City 
Manager's  signature.  If  a  majority  of  the  qualified  elec- 
tors voting  on  said  ordinance  shall  vote  in  favor  thereof , 
such  ordinance  shall  thereupon  become  a  valid  and  bind- 
ing ordinance  of  the  city. 

57 


Sec.  7.  Any  number  of  proposed  ordinances  may 
be  voted  upon  at  the  same  election,  in  accordance  with 
the  provisions  of  this  article. 

Sec.  8.  The  Council  may  submit  a  proposition  for 
the  repeal  of  any  such  ordinance,  or  for  amendments 
thereto,  to  be  voted  upon  at  any  succeeding  general  muni- 
cipal election ;  and  should  such  proposition,  so  submitted,, 
receive  a  majority  of  the  votes  cast  thereon  at  such  elec- 
tion, suck  ordinance  shall  be  repealed  or  amended  accord- 
ingly. An  ordinance  proposed  by  petition,  or  adopted  by 
a  vote  of  the  people,  can  not  be  repealed  or  amended  ex- 
cept by  a  vote  of  the  people. 

Sec.  10.  The  Council  may,  by  ordinance,  make  such 
further  regulations  as  may  be  necessary  to  carry  out  the 
provisions  of  this  section. 

the  referendum. 

Section  1.  No  ordinance  passed  by  the  council  shall 
go  into  effect  before  thirty  days  from  the  time  of  its  final 
passage  except  when  otherwise  required  by  the  general 
laws  of  the  State  or  by  the  provisions  of  this  charter,  and 
except  an  ordinance  for  the  immediate  preservation  of  the 
public  peace,  health  or  safety,  which  contains  a  statement 
of  its  urgency;  provided,  that  no  grant  of  any  franchise 
shall  be  construed  to  be  an  emergency  measure,  but  all 
franchises  shall  be  subject  to  the  referendum  vote  herein 
provided.  If  during  said  thirty  days  a  petition  signed  by 
qualified  registered  electors  of  the  city  equal  in  number 
to  at  least  twenty-five  per  centum  of  the  qualified,  regis- 
tered voters  of  the  City  of  Hickory,  protesting  against 
the  passage  of  such  ordinance,  be  presented  to  the  council, 
the  same  shall  thereupon  be  suspended  from  going  into 
operation  and  it  shall  be  the  duty  of  the  council  to  recon- 
sider such  ordinance,  and  if  the  same  be  not  entirely  re- 
pealed, the  council  shall  submit  the  ordinance,  as  is  pro- 
vided in  Article  XIV.  of  this  charter,  to  the  vote  of  the 
electors  of  the  city,  either  at  the  next  general  municipal 
election  or  at  a  special  election  to  be  called  for  that  pur- 
pose, and  such  ordinance  shall  not  go  into  effect  or  be- 
come operative  unless  a  majority  of  the  qualified  electors 
voting  on  the  same  shall  vote  in  favor  thereof.  The  pro- 
visions of  Section  3  of  Article  III.  respecting  the  forms 
and  conditions  of  the  petition  and  the  mode  of  certifica- 
tion and  filling  shall  be  substantially  followed,  with  such 
modifications  as  the  nature  of  the  case  requires. 

Sec.  2.  Any  ordinance  or  measure  that  the  council 
or  the  qualified  electors  of  the  city  shall  have  authority  to 

58 


«nact,  ITie  council  may  of  its  own  motion  sulDmit  to  fhe 
electors  for  adoption  or  rejection  at  a  general  or  special 
municipal  election,  in  the  same  manner  and  with  the  same 
force  and  effect  as  is  provided  in  this  charter  for  ordin- 
ances or  measures  submitted  on  petition.  At  any  special 
election  called  under  the  provisions  of  this  charter,  there 
shall  be  no  bar  to  the  submission  of  other  questions  to  a 
vote  of  the  electors  in  addition  to  the  ordinances  or  meas- 
ures herein  provided  for,  if  said  other  questions  are  such 
as  may  legally  be  submitted  at  such  election. 

Sec.  3,  The  council  may,  by  ordinance,  make  such 
further  regulations  as  may  be  necessary  to  carry  out  the 
provisions  of  this  Article, 

ARTICLE  XVI. 
SCHOOLS. 

Section  1.  All  the  territory  within  the  corporate 
limits  of  the  City  of  Hickory,  Catawba  County,  as  is  now 
or  shall  hereafter  be  prescribed,  shall  be  and  remain  and 
is  hereby  constituted  a  public  school  district  for  both 
white  and  colored  children,  and  shall  hereafter  be  known 
as  the  * 'Hickory  School  District"  The  City  Council  shall 
be  charged  with  the  duty  of  maintaining  an 
adequate  and  sufficient  system  of  public  schools 
within  the  ''Hickory  School  District,"  and  shall  con- 
struct and  maintain  proper  buildings,  and  to  that  end 
the  public  school  buildings  and  all  other  property  now 
used,  or  which  may  be  hereafter  acquired  within  the  City 
'of  Hickory  for  school  purposes,  shall  be  under  their 
control  and  subject  to  the  disposition  of  the  City  Council. 

The  City  Council  shall  have  the  same  power  and 
authority  to  condemn  lands,  and  to  do  and  perform  any 
and  all  other  acts,  to  acquire  and  control  school  property 
as  is  given  or  may  be  conferred  by  law  upon  said  council 
with  reference  to  acquiring  land  for  streets,  or  any  other 
public  purpose,  and  may  control  school  property  and 
grounds  in  like  manner  as  it  is  empowered  to  control 
streets;  and  the  said  council  shall  also  have  such  power 
not  in  direct  conflict  with  the  provisions  of  this  Article, 
with  regard  to  the  public  schools  of  the  Hickory  School 
District,  and  the  officers,  teachers  and  employees  thereof 
as  is  now  conferred  by  law  upon  the  Board 
of  County  Commissioners  of  Catawba  County 
and  the  Board  of  Education  of  Catawba  County 
with  regard  to  the  public  schools  of 
the  county ;  and  the  said  council  shall  have  charge  of  the 
collection  of  taxes  to  maintain  the  schools,  and  construct 

59 


school  buildings,  and  the  handling  and  the  disbursement 
of  all  money  used  for  school  purposes. 

Sec.  2.  The  City  Council  is  charged  with  the  duty 
of  electing,  annually,  a  competent,  skilled  and  expert 
man  as  superintendent  of  the  public 
schools  of  the  Hickory  School  District 
and  also  such  other  teachers  and  employees  for  the  con- 
duct of  such  schools  as  may  be  necessary  and  for  such 
time  as  it  may  indicate ;  provided,  all  teachers  and  other 
employees  for  the  conduct  of  such  schools  as  inay  be 
necessary  shall  be  elected  from  a  list  submitted  to  the  City 
Council  by  the  superintendent,  and  if  the  City  Council 
is  unable  or  refuses  to  elect  from  the  list  so  furnished,  it 
shali  call  on  the  superintendent  from  time  to  time  for 
other  lists,  which  it  shall  be  his  duty  to  furnish. 

Sec.  3.  It  shall  be  the  duty  of  the  superintendent,  in 
making  his  recommendations,  and  the  City  Council,  in 
electing  persons  to  serve  the  public  school  interests,  to 
consider  ability,  education,  character,  and  efficiency  for 
the  performance  of  the  duties  for  which  such  person  or 
persons  names  are  being  considered,  and  allow  these 
qualities  to  control  in  making  such  selection. 

Sec.  4.  It  shall  be  the  duty  of  the  Superintendent 
of  Schools  of  the  Hickory  School  District  to  devote  his 
time  and  attention  exclusively  to  them  during  the  school 
year,  except  when  leave  of  absence  is  granted  by  the 
City  Council  for  short  periods  of  time  for  good  cause. 

He  shall  have  immediate  and  direct  control  over  all 
teachers,  and  janitors  of  the  school  buildings  and  other 
persons  in  charge  thereof,  and  shall  be  responsible  for 
their  efficiency.  He  shall  have  power  to  discharge  any 
teacher,  or  other  employee  connected  with  the  schools, 
for  any  cause  satisfactory  to  himself,  and  to  maintain 
discipline  and  order,  and  establish  rules  and  regulations 
for  the  government  of  the  schools,  and  from  his  authority, 
with  respect  to  the  discharge  of  teachers  or  employees, 
the  manner  and  method  of  appeal  shall  be  as  herein- 
after set  forth  and  not  otherwise. 

The  fact  of  and  reasons  for  the  discharge  of  any 
teacher  or  other  employee  shall  be  reported,  within 
twenty-four  hours  after  such  discharge,  in  writing  to  the 
City  Council ;  and  a  copy  of  said  report  shall,  within  said 
time,  be  furnished  to  the  discharged  teacher  or  other 
employee  and  a  copy  furnished  to  the  Board  of  School 
Visitors.  If  at  least  two  members  of  the  Board  of  School 
Visitors  shall,  in  writing,  recommend  that  the  City  Coun- 

60 


cil  hear  an  appeal  of  the  discharged 
teacher  or  employee,  the  City  Council  shall 
have  the  power  and  it  shall  be  its  duty  to  review 
the  action  taken  by  the  Superintendent  of  the  Public 
Schools  of  the  Hickory  School  District;  All  appeals  so 
recommended  shall  be  promptly  heard  by  the  City  Coun- 
<:il,  and  from  its  action  there  shall  be  no  appeal  or  review. 

The  Superintendent  of  Public  Schools  of  the  Hickory 
School  District  shall  be  subject  to  be  removed  from  his 
office  by  the  City  Council  for  inefficiency,  or  other  cause 
satisfactory  to  said  council.  There  shall  be  no  appeal  or 
review  from  the  action  of  the  City  Council  in  reference 
to  the  removal  of  the  said  superintendent. 

Sec.  5.  In  May  of  the  year  1913,  the  City  Council 
shall,  and  it  shall  be  its  duty  to,  appoint,  three  persons, 
male  or  female,  residents  of  the  City  of  Hickory,  as  School 
Visitors  of  the  Public  Schools  of  the  Hickory  School  Dis- 
trict, one  of  whom  shall  serve  during  a  term  of  three 
years,  another  shall  serve  during  a  term  of  two  years, 
and  the  third  shall  serve  during  a  term  of  one  year. 

In  May  of  each  year  after  the  year  1913,  the  City 
Council  shall,  and  it  shall  be  its  duty  to  appoint  or  elect 
a  male  or  female  resident  of  the  City  of  Hickory  as  School 
Visitors  of  the  Public  Schools  of  the  Hickory  School 
District. 

Sec.  6.  The  School  Visitors  appointed  or  elected  as 
aforesaid  shall  constitute  the  Board  of  School  Visitors  of 
the  Public  Schools  of  the  Hickory  School 
District.  The  said  board  shall,  and  it 
shall  be  its  duty  to  visit  the  different  public  schools 
of  the  city  at  least  once  each  month  during  the  school 
year,  and,  every  three  months  submit  to  the  City  Council 
a  written  report  of  the  conditions  of  the  school  grounds 
and  buildings  and  of  the  method  and  manner  in  which 
said  schools  are  being  conducted.  The  said  reports  shall 
he  filed  in  the  office  of  the  City  Manager  and  shall,  during 
reasonable  hours,  be  subject  to  the  inspection  and  exami- 
nation of  any  resident  of  the  City  of  Hickory.  Any  and 
all  recommendations  made  by  the  Board  of  School  Visitors 
shall  be  acted  upon  by  the  City  Council  in  the  regular 
course  of  its  business  within  fifteen  days  from  the  time 
of  making  such  report. 

Sec.  7.  Only  persons  who  are  bona  fide  residents  of 
the  City  of  Hickory  shall  be  entitled  as  pupils  to  the  bene- 
fits of  the  public  schools  thereof;  provided,  however,  if 
there  be  facilities,  after  providing  for  the  education  of  all 

61 


Residents,  non-residents  of  the  city  may  be  admitted  by 
the  City  Council  to  the  public  schools  of  Hickory  upon 
the  payment  of  such  charges  as  the  City  Counci  may  de- 
termine, by  order  spread  upon  its  mintes,  are  just. 

Sec.  8.  The  City  Council  shall  annually,  at  the  time 
other  taxes  are  levied,  levy  a  tax  for  school  purposes  of 
forty  cents  on  the  hundred  dollars  of  property  assessed 
for  taxation  in  the  City  of  Hickory,  and  $1.20  on 
each  taxable  poll,  which  amount  shall  be  collected  as  other 
taxes,  and  deposited  with  the  City  Treasurer  as  other  city 
funds,  and  the  same  shall  and  must  be  kept  exclusively 
for  school  purposes,  and  a  separate  account  thereof  shall 
be  kept  by  the  tax  collector  and  the  City  Treasurer. 

Sec.  9.  That  in  the  apportionment  of  the  public 
school  funds  derived  from  the  State  of  North  Carolina 
and  County  of  Catawba,  the  County  Board  of  Education 
of  Catawba  County,  or  others  having  authority  under  the 
public  school  laws  of  the  State,  shall  determine  the  amount 
to  be  apportioned  each  year  to  the  public  schools  of  said 
Hickory  School  District  by  dividing  the  whole  of  the  totai 
amount  of  the  county  school  fund,  first  deducting  the 
county  treasurer's  commission,  or  part  of  the  salary  to  be 
paid  out  of  the  said  funds,  and  also  the  amount  reserved 
by  the  county  board  of  education  for  office  expenses  of 
the  county  superintendent  of  public  schools,  .and  for  per 
diem  and  mileage  of  the  said  board,  by  the  total  number 
of  children  of  school  age  in  Catawba  County  as  determin- 
ed by  the  last  school  census  preceding  that  apportion- 
ment, and  then  multiplying  the  quotient  so  obtained  by 
the  total  number  of  children  of  school  age  within  the  said 
Hickory  School  District,  as  determined  by  the  last  census 
precedmg"  that  apportionment,  and  the  amount  so  ascer- 
tained and  determined  shall  be  paid  by  the  county  treas- 
urer to  the  treasurer  of  the  City  of  Hickory,  to  be  used 
exclusively  for  the  benefit  of  the  schools  of  said  district 
under  the  control  and  direction  of  the  City  Council  of  the 
City  of  Hickory:  Provided,  that  in  the  apportionment  of 
the  school  funds  of  Catawba  County  the  provisions  of  this 
section  shall  extend  and  apply  only  to  the  amount  to  be 
aipportioned  each  year  to  the  Hickory  School  District. 
ARTICLE  XVII. 

MUNICIPAL  COURT. 

Section  1.  A  special  court  for  the  trial  of  misde- 
meanors and  for  other  purposes,  to  be  designated  as  the 
Municipal  Court  of  the  City  of  Hickory,  is  hereby  estab- 
lished. 

Sec.  2.     Said  court  shall  be  a  court  of  record  with 

62 


the  following  jurisdictioTi: 

(a)  With  excluisive  original  jurisdiction  over  all 
offenses  arising  from  the  violation  of  all  ordinances,  by- 
laws, rules  and  regulations  of  the  City  Council  within  the 
corporate  limits  of  the  City  of  Hickory  and  within  Hick- 
ory Township. 

(b)  With  exclusive  original  jurisdiction  to  try  all 
actions  for  the  recovery  of  any  penalties  imposed  by  law 
or  by  any  ordinance  of  the  City  of  Hickory  for  any  act 
done  or  the  failure  to  do  any  act  within  the  corporate 
limits  of  the  City  of  Hickory  and  within  Hickory  Town- 
ship, 

(c)  With  jurisdiction,  power  and  authority  for  the 
trial  and  determination  of  all  misdemeanors  created  by 
the  laws  of  the  State  of  North  Carolina  committed  within 
the  corporate  limits  of  the  City  of  Hickory  and  within 
Hickory  Township. 

(d)  With  exclusive  qrigmal  jurisdiction  over  all 
criminal  offenses  committed  within  the  corporate  limits 
of  the  City  of  Hickory  below  the  grade  of  a  felony,  as 
now  defined  by  law,  and  all  such  offenses  committed  with- 
in said  city  are  hereby  declared  to  be  petty  misdemeanors. 

(e)  With  exclusive  original  jurisdiction  to  hear  and 
determine  the  question  of  probable  cause  and  bind  over  to 
the  Superior  Court  of  Catawba  County  for  all  offenses 
committed  within  the  corporate  limits  of  the  City  oi 
Hickorj^  above  the  grade  of  misdemeanors,  where  final 
jurisdiction  is  not  given  under  this  charter. 

(f)  No  provision  of  this  charter  shall  be  construed 
to  be  intended  to  deprive  courts  of  justices  of  the  peace 
of  concurrent  jurisdiction  with  such  Municipal  Court  of 
the  City  of  Hickory  over  any  misdemeanor  now  within 
the  jurisdiction  of  such  court,  when  committed  without 
the  corporate  limits  of  the  City  of  Hickory;  Provided, 
however,  the  defendant  or  defendants,  in  any  such  case 
made  returnable  before  a  justice  of  the  peace,  may  re- 
quest in  writing  that  the  case  be  removed  to  and  tried 
hy  the  Municipal  Court  of  the  City  of  Hickory ;  and,  upon 
such  a  request  being  filed  before  the  introduction  of  any 
evidence,  the  justice  of  the  peace  shall  require  the  defend- 
ant or  defendants  to  enter  into  recognizance  for  his  or 
their  appearance  at  said  municipal  cotirt  on  the  day  suc- 
ceeding the  filing  of  such  request  at  ten  o'clock  A.  M.,  on 
which  said  court  is  required  to  be  open,  and  the  witnesses 
in  such  case  shall  be  recognized  to  appear  at  the  said 
time  and  place,  and  the  said  justice  of  the  peace  shall  at 

63 


once  turn  over  to  the  clerk  of  the  said  municipal  court  the 
warrant,  recognizance  and  other  papers  in  such  case. 

(g)  The  judge  of  said  court  shall  have  power  and 
authority  to  issue  his  warrants  or  other  process  for  all 
persons  charged  with  any  offense  within  his  jurisdiction 
and  have  such  persons  brought  before  him,  and  hear,  try 
and  determine  the  charges  against  them  and  give  judg- 
ment thereon;  impose  fines  and  sentences  of  imprison- 
ment, penalties  and  forfeitures;  issue  executions  and 
otherwise  direct  and  compel  the  enforcement  of  his  judg- 
ments, subject  to  the  limitations  of  this  charter  as  to  the 
amount  of  such  penalties  and  punishments,  with  the  right 
of  appeal  by  the  defendant  from  the  judgment  or  sentence 
of  the  Municipal  Court  of  the  City  of  Hickory  to  the  Su- 
perior Court  of  Cataw^ba  County,  under  the  same  pro- 
visions of  law  as  govern  an  appeal  from  inferior  courts 
or  courts  of  justice  of  the  peace.  In  case  a  defendant, 
witness  or  other  person  shall  be  adjudged  to  be  imprison- 
ed by  the  said  municipal  court,  it  shall  be  competent  for 
the  said  court  to  sentence  such  person  to  imprisonment 
in  the  common  jail  of  Catawba  County,  to  be  worked  on 
the  public  roads  of  Hickory  Township  or  of  said  county, 
and  in  case  the  defendant  shall  not  pay  a  fine  and  costs 
for  the  violation  of  an  ordinance  of  the  City  of  Hickory 
the  said  court  shall  have  authority  and  power  to  sentence 
the  defendant  in  such  case  to  work  on  the  public  streets 
or  other  public  works  of  the  City  of  Hickory  or  upon  the 
public  roads  of  Hickory  Township  or  Catawba  County, 
until  such  fine  and  costs  are  paid,  and  the  defendant  in 
such  case  shall  have  credit  at  the  rate  of  one  dollar* ($1) 
per  day  for  every  day  during  which  he  shall  work  upon 
the  public  streets,  roads  or  other  works. 

Sec.  3.  Said  court  shall  have  a  seal  with  the  im- 
pression 'The  Municipal  Court  of  the  City  of  Hickory", 
which  seal  shall  be  used  in  attestation  of  writs,  warrants 
or  other  process  or  acts,  judgments  or  decrees  of  said 
court,  in  the  same  manner  and  to  the  same  effect  as  the 
seals  of  other  courts  of  record  in  the  State  of  North 
Carolina. 

Sec.  4.  The  Judge  of  the  Municipal  Court  of  the 
City  of  Hickory  may  issue  his  process  to  the  Chief  of 
Police  or  to  the  city  police,  or  the  sheriff,  constable  or 
other  lawful  officer  of  the  County  of  Catawba ;  and  such 
process,  when  attested  by  the  seal  of  the  court,  shall  run 
anywhere  in  the  State  of  North  Carolina,  and  the  same 
shall  be  duly  executed  by  all  officers  according  to  law: 

64 


Provided,  that  neither  the  Chief  of  Police  nor  the  city 
police  shall  execute  any  process  outside  of  the  corporate 
limits  of  the  City  of  Hickory,  unless  the  offense  was  com- 
mitted within  the  corporate  limits  of  said  city,  in  which 
latter  event  he  may  arrest  the  accused  anywhere  within 
the  limits  of  Catawba  County. 

Sec.  5.  The  Municipal  Judge  shall  charge  and  collect 
in  all  criminal  cases,  in  addition  to  other  lawful  costs, 
the  following  fees,  viz:  As  cost  for  the  Judge  of  said 
court,  two  dollars;  as  costs  for  the  City  Attorney,  two 
dollars ;  for  the  clerk  the  same  fees  as  are  now  allowed  to 
Clerks  of  the  Superior  Courts  in  similar  cases ;  and  for  all 
officers  serving  the  processes  of  the  court  the  fees  as  now 
allowed  to  police  officers,  sheriffs  and  constables  serving 
the  processes  of  the  Superior  Courts  in  like  cases :  Pro- 
vided, that  in  the  trial  of  cases  of  which  a  magistrate 
has  final  jurisdiction  the  fees  allowed  to  the  judge  and 
the  city  attorney  shall  be  one  dollar  each,  and  the  clerk 
shall  be  allowed  only  cost  for  issuing  subpoenas  for  wit- 
nesses. 

(b)  All  costs  recovered  and  collected  in  said  court, 
except  as  is  otherwise  herein  provided,  shall  belong  to  the 
City  of  Hickory  and  shall  be  paid  by  the  clerk  of  said 
court  into  the  office  of  the  City  Treasurer,  accompanied 
by  an  itemized  statement  showing  when  and  from  whom 
received,  for  the  use  of  said  city  and  to  reimburse  it  for 
the  expenses  of  supporting  the  said  municipal  court: 
Provided,  however,  that  any  officer  not  receiving  a  salary 
from  the  County  of  Catawba  or  the  City  of  Hickory,  who 
shall  execute  any  process,  writ  or  subpoena  issued  by  said 
court,  shall  be  paid  and  shall  receive  the  fees  now  pre- 
scribed by  law  for  such  service. 

(c)  It  shall  be  the  duty  of  the  City  Treasurer  to 
enter  upon  a  book  kept  for  that  purpose  by  him  a  full  and 
detailed  statement  of  all  moneys  received  by  him  from 
the  Clerk  of  the  Municipal  Court  of  the  City  of  Hickory 
and  a  full  and  detailed  statement  of  the  cost  or  expense 
of  maintaining  the  said  court. 

Sec.  6.  The  City  Manager  shall  be  clerk  of  the 
Municipal  Court  of  the  City  of  Hickory  and  it  shall  be  his 
duty  as  clerk  of  said  court  to  keep  an  accurate  and  true 
record  of  all  costs,  fines,  penalties,  forfeitures  and  punish- 
ments by  said  court  imposed  under  the  provisions  of 
this  charter.  The  record  kept  shall  show  the  name  and 
residence  of  each  offender  and  the  nature  of  the  offense 
with  which  he  was  charged,  the  date  of  hearing  and  trial 

65 


and  punisliinent  imposed,  which  said  record  shall  at  all 
times  be  open  and  subject  to  inspection  by  the  City  Coun- 
cil or  other  persons  having  business  relating  to  said  court. 
He  shall  keep  a  permanent  docket  for  recording  all  the 
processes  issued  by  said  court,  which  shall  conform  to 
the  dockets  kept  by  the  Clerk  of  the  Superior  Court.  He 
shall  also  keep  in  proper  files,  to  be  provided  by  the  city, 
the  record  of  all  cases  which  shall  be  disposed  of  in  the- 
said  court  and  what  disposition  has  •  been  made  of  the 
same:  Provided,  however,  that  the  City  Council  may 
require  the  duties  of  the  Clerk  of  said  Court  to  be  per- 
formed by  the  Judge  of  the  Municipal  Court  or  other  of- 
ficer, of  the  city. 

Sec.  7.  The  City  Attorney  of  the  City  of  Hickory 
shall  be  the  prosecuting  attorney  in  said  court,  whose 
duty  it  shall  be  to  appear  for  the  prosecution  in  all  cases 
m  said  court. 

Sec.  8.  The  Judge  of  the  Municipal  Court  shall  be 
elected  by  the  City  Council  of  the  City  of  Hickory  at  its 
first  regular  meeting  in  May,  1913,  and  his  term  of  ofliice 
shall  continue  until  the  first  regular  meeting  of  said 
council  in  May,  I9I4;  and  annually  thereafter  the  said 
council,  at  its  first  regular  meeting  in  May,  shall  elect 
the  Judge  of  the  Municipal  Court  of  said  city  to  serve  a 
term  of  one  year.  The  salary  of  said  judge  shall  be  fixed 
by  the  City  Council  and  shall  not  exceed  sixty  dollars  per 
month. 

Sec.  9.  Should  the  Municipal  Judge  be  prevented 
from  attending  the  Municipal  Court  of  the  City  of  Hick- 
ory on  account  of  sickness,  absence  or  other  disability, 
then  in  that  case  the  Mayor  of  the  City  of  Hickory  shall 
have  power  and  authority  to  appoint  some  discreet  and 
qualified  person  to  act  in  the  place  of  said  Municipal 
Judge;  and  upon  appointment  by  the  Mayor  of  such  per- 
son, and  after  administering  to  him  an  oath  of  office  that 
he  will  support  and  defend  the  Constitution  of  the  United 
States  and  the  Constitution  and  laws  of  North  Carolina 
not  inconsistent  therewith,  and  will  faithfully  perform 
the  duties  of  Municipal  Judge  of  the  City  of  Hickory  to 
the  best  of  his  skill  and  ability,  such  person  so  appointed 
shall  have  all  the  jurisdiction,  power  and  authority  here- 
in conferred  upon  the  regular  Municipal  Judge  of  said 
city,  and  shall  receive  the  salary  provided  for  the  oflfice 
while  serving. 

Sec.  10.  The  judgments  rendered  by  the  Municipal 
Court  of  the  City  of  Hickory  under  the  provisions  of  this 

66 


^Tiarter  'shall  liave  all  the  force,  virtue  and  validity  of 
judgments  rendered  by  an  inferior  court  under  the  laws 
of  the  State  of  North  Carolina,  and  may  be  enforced  and 
executed  against  the  parties  in  the  County  of  Catawba 
or  elsewhere,  in  the  same  manner  and  by  the  same  means ; 
-and  all  fines,  penalties  and  forfeitures,  fees  and  costs  shall 
be  collected  by  the  Chief  of  Police  and  daily  paid  by  him 
to  the  cerk  of  the  said  court,  who  shall  account  for  the 
same  as  hereinbefore  provided  and  as  is  provided  by  the 
general  laws  of  the  State  of  North  Carolina  for  the  dis- 
position of  fines  and  penalties, 

ARTICLE  XVIII, 

MISCELLANEOUS. 

Section  1.  That  the  provisions  of  sections  2982  to 
section  3010  inclusive,  of  the  Eevisal  of  1905  of  North 
Carolina,  and  the  provisions  of  sections  of  301!la  to  3011k 
inclusive,  of  volume  three  of  Pell's  Revisal  of  1908,  of 
North  Carolina,  shall  apply  to  the  City  of  Hickory,  where 
not  inconsistent  with  the  provisions  of  this  charter. 

Sec.  2.  That  the  provisions  of  Chapter  72,  of  the 
Revisal  of  1905  of  North  Carolina,  shall  apply  to  the  City 
of  Hickory,  where  not  inconsistent  with  the  provisions'  of 
this  charter. 

Sec.  3.  All  questions  arising  in  the  administration 
of  the  government  of  the  City  of  Hickory,  and  not  pro- 
vided for  in  this  act,  shall  be  governed  by  the  laws  of  the 
State  in  such  cases  made  and  provided. 

That  in  the  event  Chapter  71,  Public  Laws  of  North 
Carolina,  extra  session  of  1908,  should  hereafter  be  re- 
pealed, then,  and  in  that  event,  the  laws,  that,  immedi- 
ately prior  to  the  passage  of  said  chapter,  applied  to  the 
City  of  Hickory  in  reference  to  the  matter  treated  in  said 
chapter,  shall  be  the  laws  applicable  to  the  City  of  Hick- 
•ory. 

Sec.  4.  All  ordinances  of  the  City  of  Hickory  not 
inconsistent  with  the  provisions  of  this  charter  shall  re- 
main in  full  force  and  effect  until  altered,  amended  or  re- 
pealed by  the  City  Council. 

Sec.  5.  In  all  judicial  proceedings  it  shall  be  sufficient 
to  plead  any  ordinance  of  the  City  by  caption  or  by  the 
number  of  the  section  thereof  and  the  caption,  and  it 
shall  not  be  necessary  to  plead  the  entire  ordinance  or 
section. 

Sec.  6.  This  charter  shall  be  deemed  a  public  act, 
and  judicial  notice  shall  be  taken  thereof  in  all  courts 
and  places  whether  or  not  same  has  been  pleaded  or  read 

67 


in  evidence. 

Sec.  7.  Any  officer  of  the  City  of  Hickory,  or  any 
member  of  the  Board  of  School  Trustees  of  the  Hickory 
Graded  School  District,  who  shall  on  demand,  fail  to  turn 
over  all  property,  books,  money,  seals  or  effects  of  the 
city  in  his  hands  to  his  successor  in  office  or  to  the  officer 
or  officers  herein  provided  to  perform  the  duties  of  such 
officer  or  member  shall  be  deemed  guilty  of  a  mis- 
demeanor and,  upon  conviction,  shall  be  imprisoned  not 
exceeding  two  years  or  fined  not  exceeding  five  hundred 
dollars. 

Sec.  8.  That  on  the  third  Monday  in  March,  1913, 
there  shall  be  held  in  the  City  of  Hickory,  an  election  at 
which  all  voters  who  are  then  registered  and  qualified  to 
vote  shall  be  entitled  to  vote  for  the  purpose  of  determin- 
ing whether  it  is  the  will  of  such  voters  that  the  foregoing 
shall  become  law  applicable  to  the  City  of  Hickory.  That 
the  election  shall  be  advertised  by  the  Board  of  Aldermen 
for  fourteen  days  prior  to  the  holding  of  such  election. 
Said  advertisement  shall  be  inserted  in  two  of  the  weekly 
newspapers  published  in  the  City  of  Hickory.  The  said 
election  shall  be  conducted  in  all  things  as  are  elections 
for  Mayor  and  Aldermen  under  the  present  law  as  nearly 
as  may  be. 

Sec.  9.  At  the  voting  place  in  said  city,  at  such  elec- 
tion, th^re  shall  be  provided  one  box  in  which  each  person 
entitled  to  vote  may  deposit  one  ballot.  Those  wishing  to 
vote  that  the  foregoing  provisions  shall  become  law  appli- 
cable to  the  City  of  Hickory  shall  vote  a  ballot  upon 
which  there  shall  be  printed  or  written  the  words  *Tor 
Adoption  of  New  Charter  for  City  of  Hickory,''  and  each 
of  those  wishing  to  vote  against  the  foregoing  provisions 
becoming  law  applicable  to  the  City  of  Hickory  shall  vote 
a  ballot  on  which  shall  be  printed  or  written  the  words, 
''Against  Adoption  of  New  Charter  for  City  of  Hickory.'' 

Sec.  10.  The  election  officers  within  three  hours  from 
the  time  the  polls  are  closed  in  the  election  to  determine 
the  question  as  to  whether  or  not  the  foregoing  provisions 
shall  become  law,  shall  count  the  ballots  and  certify  the 
result  to  the  Mayor  and  Board  of  Aldermen.  The  Mayor 
and  Board  of  Alderm.en  shall,  within  twenty-four  hours, 
examine  such  certificate  and  formally  declare  whether  a 
majority  of  those  voting  have  voted,  "For  Adoption  of 
New  Charter  for  City  of  Hickory,"  or  ''Against  Adoption 
of  New  Charter  for  City  of  Hickory,"  and  spread  upon 
their  minutes  the  record  of  their  determination,  and  if  it 


shall  appear  therefrom  that  a  majority  of  those  voting  at 
such  election  have  voted  "For  Adoption  of  New  Charter 
for  City  of  Hickory/'  the  foregoing  sections  of  the  pro- 
posed Charter  and  laws  shall,  as  provided  in  Section  XII 
of  this  Article,  become  effective  and  the  law  applicable 
to  the  City  of  Hickory,  North  Carolina. 

Sec.  11.  If  the  Mavor  or  any  of  the  Aldermen  of  the 
City  of  Hickory  shall  fail  to  perform  any  of  the  duties 
imposed  upon  them,  relative  to  holding  elections  provided 
for  by  this  Act,  they  and  each  of  them  so  neglecting  shall 
be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall 
be  fined  or  imprisoned  in  the  discretion  of  the  court,  and 
shall  also  be  liable  to  a  penalty  of  one  hundred  dollars, 
one-half  of  which  shall  be  payable  to  the  County  School 
Fund  and  one-half  to  the  party  who  shall  sue  for  same. 

Sec.  12.  Article  II  of  this  Act  and  Section  11  of 
Article  XVIII,  of  this  Act,  shall  be  in  force  and 
effect  from  the  date  of  declaring  carried  the  election  "For 
Adoption  of  New  Charter  for  City  of  Hickory,''  in  the 
manner  above  set  out,  and  all  the  laws  in  conflict  with 
Article  II  and  Section  11  of  Article  XVIII  shall  be  re- 
pealed by  the  declaring  carried  the  election  '  Tor  Adop- 
tion of  New  Charter  for  City  of  Hickory,"  and  the  other 
articles  and  sections  of  this  Act  shall  be  in  force  and  effect 
from  ten  o'clock  in  the  forenoon  of  the  first  Monday  in 
May  following  the  declaring  carried  the  election  "For 
Adoption  of  New  Charter  for  City  of  Hickory,"  and  all 
laws  in  conflict  with- said  articles  shall  be  deemed  repealed 
at  ten  o'clock  in  the  forenoon  of  the  said  Monday. 

Sec.  13.  This  Act  shall  be  in  force  and  effect  from 
and  after  its  ratification. 


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